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1952 SUPPLEMENT

TO THE

CODE OF LAWS

SOUTH CAROLINA
1952

1952 GENERAL AND PERMANENT STATUTES

CODIFIED IN DETAIL OR BY REFERENCE

ANNOTATIONS

The Code Commissioner and the Committee on Statutory

Laws of the General Assembly of the State of

South Carolina

, PRINTED UNDER DIRECTION OF
STATE BUDGET AND CONTROL BOARD

1953

By THE STATE OF SOUTH CAROLINA

NOTICE

This supplement to the Code of Laws of South Carolina, 1952, is compiled and
published as required by section 1-307 thereof.

General and permanent 1952 statutes are codified herein. Some of said statutes
are not printed in detail ; however references to such statutes are made under
effected code sections. As a general rule all statewide provisions are printed in
detail.

The effect of orders of the State Educational Finance Commission on school
districts is shown.

Annotations in this volume started where annotations in the 1952 Code ended
and terminated with 221 South Carolina Reports, 106 Federal Supplement, 198
Federal Reporter (2d) and 72 United States Supreme Court Reporter.

Acknowledgment is hereby made of the able assistance of S. Henry Edmunds,
Esq., of Charleston, in the preparation of the annotations.

FURMAN R. GrESSETTE,

Code Commissioner

W. Brantley Harvey, Chairman

Lionel K. Legge, Vice-Chairman

J. Carl Kearse

Bruce W. White

Paul M. Arant

James B. Moore,

Committee on Statutory Lazvs

TABLE OF CONTENTS

Laws

page

Constitution of the State of South Carolina, 1895 p age 263

Tnrlpv

starts after page 268

1952 Supplement

TO THE

Code of Laws of South Carolina
1952

Title 1.

Administration of the Government.

Chapter 1. General Provisions, § 1-65.

4. Attorney General and Solicitors, § 1-259.
9. Census, § 1-601.
12. State Finances, § 1-745.

CHAPTER I.

General Provisions

Article 5.

Provisions Affecting Local or Local and State Officers.

§ 1-54. Contracts in excesss of tax or appropriation; diverting public funds.

Applied. Beachman v. Greenville County, ply act. McKown et al v. Daniel et al, 217
218 S. C. 181; 62 S. E. (2d) 92, (1950). S. C. 510, 61 S. E. (2d) 163, (1950).
Held inapplicable to a certain county sup-

§ 1-65. Public employee taking written statement from another shall give
copy to such person.

Whenever any person employed by this State, or any county, city or municipality
thereof, or any part of any such governing body, shall take a written statement
in any investigation of any kind or nature from any person, the person receiving
or taking the written statement shall give to the person making the statement a
copy thereof and shall obtain from the person making the statement a signed
receipt for the copy so delivered.

1952 (47) 1977.

See §§ 17-513.1 and 26-7.1.

CHAPTER 2.

Governor and Lieutenant Governor.

Article 3.

Appointment and Removal oj Officers.

§ 1-122. Officers Governor shall appoint.

Applied. Bradford and Maloney, et al v. 228, (1952).
Byrnes, et al, 221 S. C. 255; 70 S. E. (2d)

§ 1-259 1952 Supplement 2

CHAPTER 4.

Attorney General and Solicitors.

Article 2.

Solicitors.

§ 1-259. Assistant to solicitor of Ninth Judicial Circuit.

The circuit solicitor of the Ninth Judicial Circuit may appoint a competent
attorney, who is a resident of the circuit, as an assistant who shall perform any and
all of the duties and functions imposed by law upon the circuit solicitor as the
solicitor of the circuit may designate and direct. Such assistant shall enter upon
his duties upon the approval of a majority of the legislative delegations within
such circuit. He shall receive as compensation for his services such amount as
shall be appropriated by the counties in such circuit, eighty per cent of such amount
to be paid by Charleston County and twenty per cent of the amount to be paid
by Berkeley County.
1952 (47) 2076.

CHAPTER 9.

Census.
§ 1-601. United States census of 1950 adopted.

The United States census of 1950 is the true and correct enumeration of the
inhabitants of the several counties, municipalities and other governmental sub-
divisions of this State.

1952 (47) 1694.

CHAPTER 12.

State Finances.

Article 3. Article 7.

Deposit of State Funds, § 1-745. State Treasurer, § 1-872.

Article 1.

General Provisions.

§ 1-701. Money to be spent only for purposes specified.

Held inapplicable to a certain county 217 S. C. 510; 61 S. E. (2d) 163, (1950).
supply act. McKown et al v. Daniel et al,

Article 3.
Deposit of State Funds.
§ 1-745. Collateral as security.

Any such depository may, instead of such surety bond in an approved surety
company, furnish, as surety for such deposit or deposits, United States Govern-
ment bonds, Federal farm loan bonds issued by Federal land banks pursuant to
the Federal Farm Loan Act as amended, Federal intermediate credit bank deben-
tures issued by Federal intermediate credit hanks pursuant to the Federal Farm
Loan Act as amended, debentures issued by Central Bank for Cooperatives or-
ganized under the Farm Credit Act of 1933, and bonds or other obligations of this
State or any political subdivision thereof. Said surety shall be filed with the proper

3 Cora: of Laws op South Carolina, 1952 § 2-51

officers within one week after deposit shall be made, or at the time of deposit, if
required.

1952 (47) 1892.

Article 7.

State Treasurer.

§ 1-872. Disbursement of funds received from Clark Hill project area.

The State Treasurer shall remit all funds received by him from the United
States Government, or any agency thereof, when such funds are derived from the
sale or lease of any property belonging to the United States Government and
located in the Clarks Hill project area, to the treasurer of the county in which
the transaction arose. Such funds received by the county treasurer shall be placed
in the general county fund.

19S2 (47) 2169.

Title 2.

Aeronautics.

CHAPTER 1.

General Legal Principles.

Article 2.

Miscellaneous Provisions.
§ 2-21. Construction.

This section does not relieve a master or on Government vehicle, necessary to prove

principal from the ordinary burden of lia- that accident was intentional on part of

bility under the rule of respondeat superior. Government driver or caused by heedless

Oswald v. Weiner et al, 218 S. C. 206; 62 or reckless disregard for the rights of

S. E. (2d) 311, (1950). others. Alexander v. United States, 98 F.

In suit under Federal Tort Claims Act Supp. 453 (1951).
where plaintiff's intestate was a trespasser

CHAPTER 2.

Uniform State Regulatory Law.

§ 2-51. South Carolina Aeronautics Commission; membership and terms.

Cited. Evatte v. Cass, Mayor, et al, 217 S. C. 62; 59 S. E. (2d) 638, (1950).

Title 3.
Agriculture.

CHAPTER 3.
Marketing of Agricultural Products.

Article 6.1. Article 8.

Darlington County Fanners Marketing Greenville County Marketing Commission,
Commission, § 3-266.21. § 3-294.1.

Article 7. Article 8.1.

Florence City-County Agricultural Com- Horry County Marketing Commission, §
mission, § 3-267. 3-297.

§ 3-266.21 1952 Supplement 4

Article 6.1.
Darlington County Farmers Marketing Commission.
§ 3-266.21. Appointment; terms; etc.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1912 to 1914 make up this section.

Article 7.
Florence City-County Agricultural Commission.
§ 3-267. Members; terms; pay; vacancy.

The Florence city-county agricultural commission shall be composed of six
members, who shall be selected as follows : one by the legislative delegation of
Florence County, one by the city council of the city of Florence, one by the Flor-
ence Chamber of Commerce, one by the district agent of Clemson College Exten-
sion Service, one by the district supervisor of agricultural education, and the other,
the sixth member, shall be selected by the five members selected as provided above.
With the exception of the initial terms the terms of office shall be for a period
of three years from July 1 1950 ; but the terms of the initial members, shall be
from the dates of their respective appointments and for a regular term from July
1 1950. Their successors shall be filled as provided for the original appointments
and any vacancy occurring for any cause shall be filled in the manner provided
above for filling the office in which the vacancy has occurred. All members shall
serve until their successors shall have been appointed and qualify and without
compensation.

1952 (47) 1718.

Article 8.

Greenville County Marketing Commission.

§ 3-294.1. Issue bonds for grain elevator and grain processing plant.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2164 to 2169 make up this section.

Article 8.1.
Horry County Marketing Commission.

§ 3-297. Appointment; etc.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2154 and 2155 make up this section.

Title 4.
Alcohol and Alcoholic Beverages.

CHAPTER 1.
The Alcoholic Beverage Control Act.

Article 5.
Regulation of Licenses.
§ 4-72. Maximum sale prices for wholesalers and retailers.

Retail liquor store dealer not compelled ins v. S. C. Tax Commission, 219 S. C. 260;
to charge and collect a profit of 257c. Jenk- 64 S. E. (2d) 883, (1951).

5 Code op Laws of South Carolina, 1952 § 5-103

Article 6.
Offenses and Enforcement.
§ 4-93. Assisting in unlawful transportation.

Cited. The State v. Edwards, 220 S. C. 37i: 6S S. E. (2d) 346, (1951).
§ 4-95. Unlawful possession.

The court of general sessions does not ing liquor. State v. Castleman, 219 S. C.
have jurisdiction to try a person for a first 136, 64 S. E. (2d) 250.
offense of unlawful possession of intoxicat-

§ 4-1C7. Penalties for violations.

Sentence of eighteen months for posses- Goodal, 221 S. C. 175; 69 S. E. (2d) 915,
sion and storage of alcoholic liquors in (1952).
"store house" not excessive. The State v.

CHAPTER 2.

Beer, Ale, Porter and Wine.

Article 2.

Permits for Sales.

§ 4-215. Acts prohibited on licensed premises.

Sale of beer by a licensed dealer to an Failure show purchaser intoxicated or

intoxicated person is in violation of statute, any evidence thereabout fatal in attempt to

although that illegal act alone does not ere- apply subdivision 2 above. South Carolina

ate a public nuisance of the dealer's place Tax Commission v. McLain, 218 S. C. 285;

of business. The State v. Rackley, 221 S. C. 62 S. E. (2d) 505, (1950).
49; 68 S. E. (2d) 873, (1952).

§ 4-217. Appeal from order of revocation or suspension.

Cited. Gommillion v. Forsythe, et al, 218 S. C. 211; 62 S. E. (2d) 297, (1950).

Title 5.

Amusements and Athletic Contests.

Chapter 1. Circuses, Carnivals and other Traveling Shows, § 5-2.
2. Motion Pictures, etc., § 5-103.
8. Dance Halls, Slot and Music Machines, § 5-625.

CHAPTER 1.
Circuses, Carnivals and other Traveling Shows.

§ 5-2. Same; certain local exceptions.

******

The Aiken County Fair Association shall have the exclusive right to conduct
a fair and carnival in the city of Aiken and an area of three miles surrounding it
from September fifteenth to October fifteenth of each year.

1952 (47) 2075.

CHAPTER 2.

Motion Pictures, eTc.

§ 5-103. Motion pictures, athletic sports and musical concerts on Sunday in
certain counties, cities and resorts.

§ 5-103 1952 Supplement 6

It shall be lawful to exhibit publicly motion pictures, athletic sports and musical
concerts and to engage therein from and after two o'clock p. m. on Sunday (a)
in counties containing a city having a population of more than sixty-two thou-
sand, (b) in cities from sixteen thousand to sixteen thousand one hundred
in population according to 1940 official United States Census, (c) in counties
containing a city having an exact population of five thousand seven hundred
forty-seven according to the 1940 official United States census, (d) in cities
with a population from six thousand two hundred twenty-five to six thousand
two hundred fifty according to the official United States census for 1940, and
(e) in incorporated seashore resorts, if the exhibition of such motion pictures
and engagements in athletic sports is lawful on other days in the week; provided
that no such amusements shall be publicly exhibited or engaged in between the
hours of seven p. m. and nine p. m. on Sundays.

In incorporated towns and cities a special permit must first be obtained from
the governing body. Outside of incorporated towns and cities a special permit must
first be obtained from the governing body of the county except in a county con-
taining a city having an exact population of five thousand seven hundred forty-
seven according to the 1940 official United States census.

Any person exhibiting publicly motion pictures, athletic sports or musical con-
certs in any such county or city on Sunday during any hour not herein authorized
or without first obtaining the special permit herein required shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine of not more
than one hundred dollars or imprisonment of not more than thirty days.

1952 (47) 1930.

Cited. Bishop et al v. Hanna, Sheriff et al, 218 S. C. 474; 62 S. E. (2d) 308. (1951).

§ 5-104. Same; in other counties, cities and towns.

Cited. Bishop et al v. Hanna, Sheriff, et al, 218 S. C. 474; 62 S. E. (2d) 308, (1951).

CHAPTER 8.
Dance Halls, Slot and Music Machines, eTC.
Article 3.
Slot and Music Machines Generally.
§ 5-625. Hours of operation of music machines outside of municipalities in
Clarendon, Georgetown, Kershaw and Richland Counties.
It shall be unlawful for any owner, lessee, custodian or other person in pos-
session, for himself or another, of any nickelodeon, piccolo, phonograph or other
mechanical or automatic music box or machine to operate the same or suffer or
permit the operation thereof in or about any store, filling station, highway ot
other public or semi-public place outside of the limits of any incorporated town
in Clarendon, Georgetown, Richland and Kershaw Counties after ten thirty sinterested
parties. The disinterested parties shall certify in writing that they witnessed the
branding of the livestock. The certificate shall also state: (a) where the branding
occurred, (b) with what brand, if any, the livestock were previously branded and
(c) with what brand the livestock were branded or rebranded. The certificate shall
be retained by the owner. It shall be unlawful to brand any livestock purchased or
acquired from another other than in the manner required by this section.

1952 (47) 2175.

§ 6-384 1952 Supplement 10

§ 6-384. Record certificate.

Upon receipt of the certificate provided for in § 6-366 from the Secretary of
State, the owner shall record the certificate with the clerk of court in every county
where he has livestock. For each recording the clerk of court shall receive a fee
of one dollar. He shall record the brands in a book for the purpose and the book
shall be open to inspection by the public.

1952 (47) 2175.

§ 6-385. Records.

The Secretary of State shall keep an accurate record of all brands registered
under the terms of this article and the names and addresses of the owners of the
brands, which records shall be open to inspection by the public.

1952 (47) 2175.

§ 6-386. When branding unlawful.

It is unlawful for any person to brand, or to cause to be branded, any livestock :

(1) with any brand unless it has been registered with and certified by the
Secretary of State as his brand and has been recorded with the clerk of court in
each county where he has livestock,

(2) with any brand which is registered, certified and recorded as the brand of
another or

(3) with any brand which has been abandoned or the registration of which has
been cancelled unless the brand has thereafter been granted to him.

1952 (47) 2175.

§ 6-387. Rules and regulations.

The Secretary of State may promulgate rules and regulations which, in his
judgment, may be necessary or proper to supplement or clarify the provisions of
this article. The violation of any rule or regulation made and promulgated here-
under shall constitute a violation of this article.

1952 (47) 2175.

§ 6-388. Penalties.

Any person convicted of a violation of this article shall be punished by a fine
of not less than fifty dollars nor more than five hundred dollars or by imprison-
ment for not less than thirty days nor more than one year or by both such fine
and imprisonment.

1952 (47) 2175.

Title 7.

Appeals.

CHAPTER 1.
General Provisions.
§ 7-12. Review of intermediate orders affecting judgment.

Cited. Johnson v. Abney Mills, 219 S. C. 231, 64 S. E. (2d) 641.

§ 7-16. Definition of real property.

Cited. McDonald, et al v. Welborn et al, 220 S. C. 10; 66 S. E. (2d) 327, (1951).

11 Code of Laws of South Carolina, 1952 § 8-57

CHAPTER 4.

Appeals to Circuit Courts in Other Cases.

Article 1.

Generally.

§ 7-316. Motions for new trial in appellate court; other procedural rules.

Stated. Town of North Augusta v. Fen- nell, 221 S. C. 112; 69 S. E. (2d) 121, (19S2).
§ 7-317. Judgment on appeal.

Cited. Town of North Augusta v. Fen- (1952).
nell, 221 S. C. 112; 69 S. E. (2d) 121.

CHAPTER 5.
Appeals to Supreme Court.
§ 7-422. When notice of appeal stays proceedings helow.

An appeal from refusal of pre-trial ex- Corp., 221 S. C. 160; 69 S. E. (2d) 594, (1952).
animation of witness held not to stay all Applied. Crotts v. Fletcher Motor Co.

further proceedings. Johnson v. Brandon et al, 219 S. C. 204; 64 S. E. (2d) (1951).

Title 8.

Banking, Commercial Paper and Finance.

Chapter 3. Banks and Banking, § S-237.

5. Banks Doing a Safe Deposit or Trust Company Business, § 8-571.

5.1. Safety Deposit Boxes, § 8-591.

7. Credit Unions §8-701.

CHAPTER 1.
Money and Interest
§ 8-3. Maxium interest rates; exceptions.

Court of equity is not bound by the gen- Interest at the rate of seven per cent per

eral rule of law which denies the recovery annum prior to July 1, 1934, allowed. An-

of interest on open or unliquidated accounts derson et al v. Purvis, 220 S. C. 259; 67

or demands. Anderson, et al v. Purvis, 220 S. E. (2d) 80, (1951).
S. C. 259; 67 S. E. (2d) 80, (1951).

CHAPTER 2.
State Board of Bank Control.
§ 8-52. Appointment of members.

Constitutional. Floyd, et al v. Thornton, when there is pending in State Supreme

et al, 220 S. C. 414; 68 S. E. (2d) 384, Court a suit involving its validity. Floyd v.

(1951). Gage, 192 F. 2d 137 (1951).

Federal Court should not entertain a suit Does not violate anti-trust laws. Floyd

for declaring this statute unconstitutional v. Gage, 192 F. 2d 137 (1951).

§ 8-57. Approval of charters of banks and buildings and loan associations;
branch banks.

Constitutional. Floyd, et al v. Thornton, (1951).
et al, 220 S. C. 414; 68 S. E. (2d) 384,

§ 8-237 1952 Supplement 12

CHAPTER 3.
Banks and Banking.

Article 9.
Loans and Investments.

§ 8-237. Investment in farm loan bonds ; accountability for interest thereon.

Any savings bank, banking institution or trust company organized under the
laws of this State may invest in or lend money on the security of Federal farm
loan bonds issued by the Federal land banks pursuant to the Federal Farm Loan
Act as amended, bonds issued by the Federal Farm Mortgage Corporation pur-
suant to the provisions of an act of Congress known as the 'Federal Farm Mort-
gage Corporation Act,' Federal intermediate credit bank debentures issued pur-
suant to the Federal Farm Loan Act as amended, and debentures issued by Central
Bank for Cooperatives organized under the Farm Credit Act of 1933.

No such savings bank, banking institution or trust company shall account for
a greater rate of interest than the amount actually received on such investment.

1952 (47) 1893.

CHAPTER 5.
Banks Doing a Safe Deposit or Trust Company Business.

Article 1.
Banks Doing a Saje Deposit Business.

§ 8-571. Bank a warehouseman in certain cases.

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935.

§ 8-572. Notice to lessee of box that it will be opened for nonpayment.

Repealed by 1952 A. & J. R. (47 St. at L.1 pp. 1932 to 1935.

§ 8-573. Disposition of contents.

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935.

§ 8-574. Certificate of notary.

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935.

§ 8-575. Subsequent right of lessee to contents.

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935.

§ 8-576. Sale of contents after two years.

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935.

§ 8-577. Disposition of proceeds of sale.

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935.

§ 8-578. When contents consist of private documents.

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935.

§ 8-579. Provisions of article cumulative.

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935.

§ 8-580. Remedies of banks doing safe deposit business.

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 1932 to 1935.

13 Code of Laws of South Carolina, 1952 § 8-595

CHAPTER 5.1.
Safety Deposit Boxes.
§ 8-591. Definitions.

"Lessee" means a person contracting with a lessor for the use of a safe deposit
box.

"Lessor" means a bank, cash depository, or trust company renting safe deposit
facilities authorized by law to operate in the state.

"Safe deposit box" means a safe deposit box, vault, or other safe deposit re-
ceptacle maintained by a lessor and the rules relating thereto apply to property or
documents kept in safe keeping in the bank's vault.

1952 (47) 1932.

§ 8-592. Institutions lease safety deposit boxes and accept property for safe-
keeping.

Subject to the provisions hereof any bank, cash depository, or trust company
may maintain and lease safe deposit boxes and may accept property or documents
for safekeeping.

1952 (47) 1932.

§ 8-593. Bank lease box to minor.

A bank may lease a safe deposit box to and in connection therewith deal with a
minor with the same effect as if leasing to and dealing with a person of full legal
capacity.

1952 (47) 1932.

§ 8-594. Access to box of fiduciary.

Where a safe deposit box is made available by a lessor to one or more persons
acting as fiduciaries, the lessor may, except as otherwise expressly provided in the
lease or the writings pursuant to which such fiduciaries are acting, allow access
thereto as follows :

( 1 ) By any one or more of the persons acting as executors or administrators.

(2) By any one or more of the persons otherwise acting as fiduciaries when
authorized in writing signed by all other persons so acting.

(3) By any agent authorized in writing signed by all of the persons acting as
fiduciaries.

1952 (47) 1932.

§ 8-595. Refusal of access to property by lessor.

An adverse claim to the contents of a safe deposit box, or to property held in
safekeeping, is not sufficient to require the lessor to deny access to its lessee unless :

(1) The lessor is directed to do so by a court order issued by a court of compe-
tent jurisdiction or

(2) The safe deposit box is leased or the property is held in the name of a lessee
with the addition of words indicating that the contents or property are held in a
fiduciary capacity, and the adverse claim is supported by a written statement of
facts disclosing that it is made by or on behalf of a beneficiary and that there is
reason to know that the fiduciary will misappropriate the trust property.

A claim is also an adverse claim where one of several lessees claims, contrary to
the terms of the lease, an exclusive right of access, or where one or more persons
claim a right of access as agents or officers of a lessee to the exclusion of others as

§ 8-595 1952 Supplement 14

agents or officers, or where it is claimed that a lessee is the same person as one
using another name.
1952 (47) 1932.

§ 8-596. Removal of property of a decedent.

A lessor shall permit the person named in a court order for the purpose, or if
no order has been served upon the lessor, the spouse, a parent, an adult descendant
or a person named as an executor in a copy of a purported will produced by him,
to open and examine the contents of a safe deposit box leased by a decedent, or
any documents delivered by a decedent for safekeeping, in the presence of an officer,
manager, or assistant manager of the lessor ; and the lessor, if so requested by such
person, must deliver :

( 1 ) Any writing purporting to be a will of the decedent to the executor if one
be therein named otherwise to the court having jurisdiction of the decedent's estate.

(2) Any writing purporting to be a deed to a burial plot or to give burial in-
structions to the person making the request for a search ; and

(3) Any document purporting to be an insurance policy on the life of the de-
cedent to the beneficiary named therein.

No other contents shall be removed, pursuant to this section until an executor
or administrator qualifies and makes claim to the contents.

The removal of any contents of any safe deposit boxes or deposits for safekeeping
other than such as hereinabove permitted shall remain subject to §§ 65-503 to
65-505.

1952 (47) 1932.

§ 8-597. Notice to lessee of box that it will be opened for nonpayment of
rent; disposition of contents.

If the rental due on a safe deposit box has not been paid for one year, the lessor
may send a notice by registered mail to the last known address of the lessee stating
that the safe deposit box will be opened and its contents stored at the expense of the
lessee unless payment of the rental is made within thirty days. If the rental is not
paid within thirty days from the mailing of the notice, the box may be opened in
the presence of an officer, manager or assistant manager of the lessor and of a
notary public who is not a director, officer, employee or stockholder of the lessor.
The contents shall be sealed in a package by the notary public who shall write on
the outside the name of the lessee and the date of the opening. The notary public
shall execute a certificate reciting the name of the lessee, the date of the opening
of the box and a list of its contents. The certificate shall be included in the package
and a copy of the certificate shall be sent by registered mail to the last known ad-
dress of the lessee. The package shall then be placed in the general vaults of the
lessor at a rental not exceeding the rental previously charged for the box.
1952 (47) 1932.

§ 8-598. Sale of contents; private papers.

If the contents of the safe deposit box have not been claimed within two years
of the mailing of the certificate, the lessor may send a further notice to the last
known address of the lessee stating that, unless the accumulated charges are paid
within thirty days, the contents of the box will be sold at public auction at a speci-
fied time and place, or, in the case of securities listed on a stock exchange, will be

15 Code of Laws of South Carolina, 1952 § 8-702

sold upon the exchange on or after a specified date and that unsalable items will
be destroyed. The time, place and manner of sale shall also be posted conspicuously
on the premises of the lessor and advertised once seven days prior to the sale in
a newspaper of general circulation in the community. If the articles are not claimed,
and the accrued rent and disbursements of lessor paid, they may then be sold in
accordance with the notice.

Any documents or writings of a private nature, and having little or no apparent
value need not be offered for sale, but shall be retained, unless claimed by the
owner, for a period of two years, after which they may be destroyed.

1952 (47) 1932.

§ 8-599. Disposition of sale receipts.

The balance of the proceeds, after deducting accumulated charges, including the
expense of advertising and conducting the sale, shall be deposited to the credit of
the lessee in any account maintained by him, or if none, shall be deemed a deposit
account with the bank, cash depository, or trust company operating the safe deposit
facility, and shall be identified on the books of the bank as arising from the sale of
contents of a safe deposit box.

1952 (47) 1932.

§ 8-600. Use of words "safe deposit" or "safety deposit".

It is a criminal offense against this chapter were any person to use the words
"safe deposit", "safety deposit" or other words deceptively similar thereto, in con-
nection with the rental of storage space or in the title or name under which business
was done, except (a) a person subject to the jurisdiction of the Banking Depart-
ment of this State, (b) a manufacturer or dealer in safe deposit facilities or equip-
ment or (c) an association, the membership of which is composed of officers or
institutions subject to the jurisdiction of the Banking Department of this or other
states or of the United States.

1952 (47) 1932.

CHAPTER 7.

Credit Unions.

§ 8-701. "Cooperative credit union" defined.

In this chapter the words "cooperative credit union" shall mean a cooperative
association formed for the purpose of promoting thrift among its members and to
enable them when in need, to obtain for productive and provident purposes mod-
erate loans of money for short periods and at reasonable rates of interest.

1952 (47) 1950.

§ 8-702. Commissioner of Labor supervise.

Every cooperative credit union organized under the provisions of this chapter
shall be subject to the supervision of the Commissioner of Labor. The Commis-
sioner shall require such, cooperative credit unions to keep such books as he may
deem necessary for the proper conduct of their business; he shall make examina-
tion and demand sworn report by the officers of the transaction of such cooperative
credit union's business and may institute necessary proceedings for the prosecution
of any officer or director misapplying the cooperative credit union's funds. The
Commissioner may make reasonable rules and regulations for cooperative credit
unions chartered by this State including the establishment of reasonable examina-

§ 8-702 1952 Supplement 16

tion fees. The Commissioner may accept a report from a certified public accountant
as to the financial affairs of cooperative credit unions in lieu of an examination by
his representative or representatives.
1952 (47) 1950.

§ 8-703. Incorporation.

Ten or more citizens of this state, all employees of the same employer, who have
associated themselves by an agreement in writing for the purpose of forming a
cooperative credit union under the provisions of this chapter may apply to the
Commissioner of Labor for a certificate certifying that he is satisfied that the pro-
posed field of operation is favorable to the success of such cooperative credit union,
and that the standing of the proposed members is such as to give reasonable
assurance that its affairs will be administered in accordance with the spirit of this
chapter, and upon the Commissioner being so satisfied he shall issue such certifi-
cate. Upon the filing of such certificate in the office of the Secretary of State and
the payment to him of a charter fee of three dollars, the Secretary of State shall
thereupon issue to such cooperative credit union a certificate of incorporation.

1952 (47) 1950.

§ 8-704. Activities engage in.

A cooperative credit union may receive the savings of its members in payment
for shares or on deposit, may lend to its members at reasonable rates of interest,
not to exceed one per cent per month on unpaid loan balances, or may invest, as
hereinafter provided, the funds so accumulated, and make loans of same to its
members, may borrow from banks, savings banks, trust companies, or other credit
unions, or persons, and loan such money to its members, and may undertake such
other activities relating to the purposes of the association as its bylaws may
authorize.

1952 (47) 1950.

§ 8-705. Bylaws.

The bylaws of each cooperative credit union shall prescribe:

( 1 ) The name of the credit union.

(2) The purposes for which it is formed.

(3) The conditions of residence or occupation which qualify persons for mem-
bership.

(4) The par value of shares of capital stock.

(5) The condition on which shares may be paid in, transferred, and withdrawn.

(6) The system for encouraging members to increase their holdings of shares.

(7) The conditions on which deposits may be received and withdrawn.

(8) The method of receipting for money paid on account of shares or deposits.

(9) The number of directors and their term of office and the number of mem-
bers of the credit committee and their term of office.

(10) The duties of the several officers.

(11) The fines, if any, which shall be charged for failure to meet obligations to
the corporation punctually.

(12) The date of the annual meeting of members.

(13) The manner in which the members shall be notified of the meetings.

(14) The number of members which shall constitute a quorum at meetings.

17 Code of Laws of South Carolina, 1952 § 8-711

(15) Such other regulations as may seem necessary.
1952 (47) 1950.

§ 8-706. Fiscal year.

The fiscal year of every such cooperative credit union shall end at the close of
business on December thirty-first.
1952 (47) 1950.

§ 8-707. Reports.

Within thirty-one days after the last business day of December in each year,
every cooperative credit union shall make a report to the Commissioner of Labor,
in such form as the Commissioner may prescribe, signed by its president and its
treasurer and by a majority of its supervision committee, which report shall certify
and make oath that it is correct according to the best knowledge and belief of the
president, the treasurer and the supervision committee of the cooperative credit
union. Every cooperative credit union shall pay a filing fee of ten dollars at the
time of filing the annual report provided by this section. Any cooperative credit
union which neglects to make the annual report within the time prescribed shall
forfeit to this State five dollars for eacli day during which such neglect continues
unless the Commissioner for good and valid reasons has granted the cooperative
credit union a reasonable extension of time.

1952 (47) 1950.

§ 8-708. Capital stock.

The capital stock of the credit union shall be unlimited in ameunt ; shares of
capital stock may be subscribed for and paid in such manner as the bylaws shall
prescribe, but no certificate of shares shall be issued until the shares have been
fully paid up. The par value of each share of the capital stock shall be five dollars.

1952 (47) 1950.

§ 8-709. Shares and deposits of minors and trustees.

Shares may be issued and deposits received in the name of a minor and such
shares and deposits may, in the discretion of the board of directors, be withdrawn
by such minor or by his parent or guardian, and in either case payments made on
such withdrawals shall be valid. If shares are held or deposits made in the trust,
the name and residence of the beneficiary shall be disclosed and the account shall
be kept in the name of such holder as trustee for such minor. If no other notice
of the existence and the terms of such trust has been given in writing to the credit
union, such shares or deposits may, upon the death of the trustee, be withdrawn by
the person for whom the amount of such shares was paid in or for whom such
deposit was made, or by his legal representative.

1952 (47) 1950.

§ 8-710. Membership entrance fee ; stock acquistion.

As an initial payment for the privilege of membership, each member shall pay an
entrance fee of at least one dollar, besides subscribing for not less than one share
of capital stock.

1952 (47) 1950.

§ 8-711. Directors; credit committee; supervision committee.

At the annual meeting the members shall elect from their members a board of
directors of not less than five members, a credit committee of not less than three

§ 8-711 1952 Supplement IS

members, a supervision committee of three members. The method of election and
length of term of the members of the board of directors, credit committee and
supervision committee shall be as specified in the bylaws. No member of the board
of directors shall be a member of the credit committee, or of the supervision com-
mittee, nor shall one person be a member of more than one of the committees.
1952 (47) 1950.

§ 8-712. Executive officers.

At its first meeting the board of directors shall elect from their number a presi-
dent, vice-president, a clerk and a treasurer, who shall be the executive officers of
the corporation.

1952 (47) 1950.

§ 8-713. Oath and term of officers and committeemen.

All directors and all members of the committees, as well as all officers whom they
may elect, shall be sworn, and shall hold their several offices until others are elected
and qualified in their stead, and a record of every such qualification shall be filed
and preserved with the records of the credit union.

1952 (47) 1950.

§ 8-714. Pay of officers and committeemen.

No officer, director, or credit committee member shall receive any compensation,
directly or indirectly, for the services he performs for the credit union as such
officer, director, or credit committee member, except the treasurer who may be
compensated for his services in the amount and in the way and manner provided
for by the board of directors.

1952 (47) 1950.

§ 8-715. Powers of directors.

The board of directors shall have the general management of affairs, the funds,
and the records the credit union, and shall meet as often as may be necessary. It
shall be the special duty of the board of directors :

( 1 ) To act vipon all applications for membership.

(2) To act upon the expulsion of members.

(3) To fix the amount of surety bond which shall be required of each officer
having custody of funds.

(4) To determine the rate of interest which shall be allowed on deposits.

(5) To determine the rate of interest which shall be charged on loans.

(6) To fill vacancies in the board of directors, or in the credit committee of the
credit union until the election and the qualification of members to fill the vacancies.

(7) To make recommendations to meetings of the members relative to the
amount of entrance fee ; the maximum number of shares which may be held by,
and the maximum amount which may be lent to, any one member ; the dividend to
be declared ; amendments to the bylaws, and any other matters which, in their
opinion, the members should decide.

(8) To approve applications for loans to members of the credit committee.
1952 (47) 1950.

19 Code of Laws of South Carolina, 1952 § 8-719

§ 8-716. Powers of supervision committee; suspension of credit committee
or officers.

The supervision committee shall inspect the securities, the cash, and the accounts
of the credit union, and supervise the acts of its board of directors, credit committee,
and officers. At any time the supervision committee by unanimous vote may sus-
pend the credit committee or any officer elected by the board of directors, and by
a majority vote may call a meeting of the shareholders to consider any violation
of this chapter or of the bylaws or any practice of the credit union which, in the
opinion of the supervision committee, is unsafe and unauthorized. Within seven
days after suspension of the credit committee the supervision committee shall cause
notice to be given of a special meeting to take such action relative to such suspension
as may seem necessary. The supervision committee shall fill vacancies in their own
number until the next annual meeting.

1952 (47) 1950.

§ 8-717. Meetings ; decisions of credit committee and board of directors.

The annual meeting of the credit union shall be held at such time and place as
bylaws prescribe. Special meetings may be held by order of the directors or the
supervision committee, and the clerk shall give notice of special meetings upon
request, in writing, of ten members. Notice of all meetings of the credit union shall
be given in the manner prescribed by the bylaws. No person shall be entitled to
vote who has not been a member for more than three months, but this restriction
shall not apply during the first twelve months of existence of the credit union, nor
shall any member vote by proxy or have more than one vote. At the annual meet-
ing the members shall, upon recommendation of the board of directors, declare
dividends and fix the amount of the entrance fee. At any meeting the members may
decide upon any question of interest to the credit union, and upon appeal of two
members may reverse decisions of the credit committee or board of directors, and
by a three-fourths vote of those present, provided the notice of the meeting shall
have specified the question to be considered, may amend the bylaws.

1952 (47) 1950.

§ 8-718. Approval of loans.

The credit committee shall approve every loan or advance made by the credit
union. Every application for a loan shall be made in writing and shall state the
purpose for which the loan is desired and the security offered. No loan shall be
made unless the credit committee is satisfied that it promises to benefit the bor-
rower, nor unless it has the unanimous approval of those members of the committee
who were present when it was considered, nor if any member of the committee
shall disapprove thereof ; but the applicant for a loan may appeal from the decision
of the credit committee to the board of directors. Loans to members of the credit
committee shall be approved by the board of directors.

1952 (47) 1950.

§ 8-719. Payment of loans.

A borrower may repay the whole or any part of his loan on any day on which
the office of the credit union is open for the transaction of business. For the failure

§ 8-719 1952 Supplement 20

to pay the interest or any installment required by the terms of the loan, the bor-
rower may be fined if the bylaws so prescribe
1952 (47) 1950.

§ 8-720. Declaration and payment of dividends.

At the annual meeting upon recommendation of the board of directors a divi-
dend may be declared from undivided surplus remaining after the deduction of all
expenses, losses, interest on deposits, and amount required to be set apart as a
guaranty fund. Such dividend shall be paid on all fully-paid shares outstanding at
the close of the fiscal year, but shares which become fully paid during the year
shall be entitled only to a proportional part of the dividend, calculated from the
first day of the month following such payment in full. Dividends due to a member
shall be paid to him in cash or credited to the account of partly-paid shares for
which he has subscribed.

1952 (47) 1950.

§ 8-721. Supervision committee report prior to considering dividend payment.

Immediately before a meeting of the board of directors called to recommend the
declaration of a dividend, the supervision committee shall make a thorough audit
of the repairs, the disbursements, the income, the assets, and the liabilities of the
credit union for the fiscal year, and shall make a full report thereon to the directors.
The report shall be read at the annual meeting and shall be filed and preserved with
the records of the credit union.

1952 (47) 1950.

§ 8-722. Guaranty fund.

Immediately before the payment of each dividend there shall be set apart as a
guaranty fund twenty per cent of the net income which has accumulated during
the fiscal year. Such fund and the investments shall belong to the credit union and
shall be held to meet contingencies or losses in its business. All entrance fees shall
be added at once to the guaranty fund. Upon recommendation of the board of
directors the members at an annual meeting may increase, and, whenever the fund
equals ten per cent of the amount of capital stock actually paid in, may decrease the
proportion of profits which is required by this section to be set apart as a guaranty
fund.

1952 (47) 1950.

§ 8-723. Investments.

The capital, the deposits, and the surplus funds of the credit union shall be
either lent to the members for such purposes, and upon such security and terms
as the credit committee shall approve, or be deposited to the credit of the credit
union in savings banks, or in trust companies, or in state hanks incorporated under
the laws of this State, or in national banks, or in other credit unions, or invested in
any investment which is legal for savings banks in this State.

1952 (47) 1950.

§ 8-724. Expulsion of members.

The board of directors may expel from the credit union any member who (a)
has not carried out his engagements with the credit union, (b) has been convicted
of a criminal offense, (c) neglects or refuses to comply with the provisions of this
chapter or the bylaws of the credit union, (d) habitually neglects to pay his debts,

21 Code of Laws of South Carolina, 1952 § 8-818

(e) shall become insolvent or bankrupt, or (f) shall have deceived the credit union
with regard to his property, resources, credit or use of borrowed money, or whose
private life is a source of scandal. But no member shall be so expelled until he has
been informed in writing of the charges against him and until an opportunity has
been given him, after reasonable notice, to be heard thereon.
1952 (47) 1950.

§ 8-725. Settlement with member withdrawing or expelled.

The amounts paid in on shares or deposited by members who have withdrawn
or who have been expelled shall be paid to them, less all accrued interest and other
gains or profits, but in order of withdrawal or explusion and only as funds therefor
become available, and after deducting any amounts due by the members to the
credit union, but such expulsion shall not operate to relieve a member from any
remaining liability to the credit union.

1952 (47) 1950.

§ 8-726. Dissolution.

At any meeting specially called to consider the subject, the members, upon the
unanimous recommendation of the board of directors, may vote to dissolve the
credit union, provided at least two-thirds of the members are present at such
meetings and provided not more than ten members, either in person or by written
notice, object thereto. A committee of three membrs shall thereupon be elected to
liquidate the assets of the credit union, and each share of the capital stock, accord-
ing to the amount paid in thereon, shall be entitled to its proportion of the proceeds
after all deposits and debts of the credit union have been paid.

1952 (47) 1950.

§ 8-727. Use of words "cooperative credit union" restricted.

No person, partnership, association or corporation, except corporations formed
under the provisions of this chapter, shall hereafter transact business under any
name or title which contains the three words "cooperative credit union", or any
combination of two or more of these words, cooperative credit union, except those
expressly authorized herein to be formed, or any association or corporation com-
posed of cooperative credit unions formed under the provisions of this chapter or
under the Federal Credit Union Act ; and any person, partnership, association or
corporation which violates the provisions of this section may be enjoined from
doing business under such name or title at the instance of any stockholder of any
cooperative credit union legally organized under this chapter.

1952 (47) 1950.

CHAPTER 8.

The Negotiable Instruments Law.

Article 2.

Form of Negotiable Instruments.

§ 8-811. Form of negotiable instruments.

Applied. Bank of Fort Mill v. Rollins, 217 S. C. 464; 61 S. E. (2d) 41, (1950).

§ 8-818. When payable on demand.

A check with no time for payment is a Rollins, 217 S. C. 464; 61 S. E. (2d) 41,
demand instrument. Bank of Fort Mill v. (1950).

§ 8-855 1952 Supplement 22

Article 4.
Negotiation.
§ 8-855. Special endorsement ; endorsement in blank.

Endorsement of check in blank makes by delivery. Bank of Fort Mill v. Rollins,
check payable to bearer and is negotiated 217 S. C. 464; 61 S. E. (2d) 41, (1950).

Article 5.
Rights of the Holder.

§ 8-882. Who is holder in due course.

Applied. Bank of Fort Mill v. Rollins, 217 S. C. 464; 61 S. E. (2d) 41, (1950).

§ 8-883. Where person not deemed holder in due course.

Stated. Bank of Fort Mill v. Rollins, 217 S. C. 464; 61 S. E. (2d) 41, (1950).

§ 8-886. What constitutes notice of infirmity.

Stated. Bank of Fort Mill v. Rollins, 217 S. C. 464; 61 S. E. (2d) 41, (1950).

§ 8-887. Riights of holder in due course.

Applied. Bank of Fort Mill v. Rollins, Stop payment of check held no defense

217 S. C. 464; 61 S. E. (2d) 41, (1950). to maker "in. Id.

Article 6.
Liability of Parties.
§ 8-891. Contract of maker.

Applied. Bank of Fort Mill v. Rollins, 217 S. C. 464; 61 S. E. (2d) 41, (1950).

Article 10.
Form and Interpretation of Bills of Exchange.
§ 8-981. Definition of bill of exchange.

Check is a negotiable instrument. Bank S. E. (2d) 41, (1950).
of Fort Mill v. Rollins, 217 S. C. 464; 61

Article 17.

Promissory Notes and Checks.

§ 8-1072. Definition of check.

Check is a negotiable instrument. Bank S. E. (2d) 41, (1950).
of Fort Mill v. Rollins, 217 S. C. 464; 61

Title 10.
Civil Remedies and Procedures.

Chap. 2. Limitation of Civil Actions, § 10-145.
3. Parties, § 10-231.

5. Summonses, Orders of Publication and Service of Papers Generally,
§ 10-436.

CHAPTER 1.
General Provisions.

§ 10-3. Definition of real property.

Cited. McDonald, et al v. Welborn, et al, 220 S. C. 10; 66 S. E. (2d) 327, (1951).

23 Code of Laws of South Carolina, 1952 § 10-219

CHAPTER 2.
Limitation ok Civil Actions.

Article 3.

Actions Oilier than for Recovery of Realty.

§ 10-143. Six years.

Services rendered deceased. McConnell v. 673, (1950).
Crocker et al. 217 S. C. 334; 60 S. E. (2d)

§ 10-145. Two years.

******

(3) An action at law by a motor carrier subject to chapter 13 of title 58 for the
recovery of its charges or any part thereof. Such an action for the purpose of this
subdivision shall be deemed to accrue upon delivery or tender of delivery by the
carrier.

(4) An action at law for the recovery of overcharges against a motor carrier
subject to chapter 13 of title 58. Such an action shall for the purpose of this sub-
division be deemed to accrue at the time the charges are paid to the motor carrier.
If a claim for the overcharge has been presented in writing to the carrier within
the two-year period of limitation, the period shall be extended to include six months
from the time notice in writing was given by the carrier to the claimant of dis-
allowance of the claim or any part or parts thereof. The term "overcharges" as used
in this subdivision shall be deemed to mean charges for transportation services in
excess of those applicable thereto under the tariffs lawfully on file with The Public
Service Commission.

1952 (47) 2170.

CHAPTER 3.

Parties.

Article 2.
Guardian ad Litem, § 10-231.

Article 1.
General Provisions.

§ 10-203. Who may be defendants.

Grantees necessary parties in continuing (1950).
damage to land action by grantor. Shon- Cited. Crotts v. Fletcher Motor Co. et al,

nard v. South Carolina Public Service Au- 219 S. C. 204; 64 S. E. (2d) 540, (1951).
thority, 217 S. C. 458; 60 S. E. (2d) 894,

§ 10-204. When party united in interest.

Cited. Crotts v. Fletcher Motor Co. et al. 219 S. C. 204, 64 S. E. (2d) 540, (1951).

§ 10-209. Survival of right of action.

Wife living in adultery with another man under wrongful death statute. Folk v.
during decedent's lifetime not "widow" United States, 102 F. Supp. 736 (1952).

§ 10-219. New parties; interpleader.

Grantees necessary parties in continuing thority, 217 S. C. 458; 60 S. E. (2d) 894,
damage to land action by grantor. Shon- (1950).
nard v. South Carolina Public Service Au-

§ 10-231 1952 Supplement 24

Article 2.
Guardian ad Litem.

§ 10-231. Actions by and against infants and incompetents.

When an infant, or mentally incompetent person, whether hospitalized or not,
is a party he must appear by guardian ad litem who in the case of an infant may be
appointed by the court in which the action is prosecuted, a judge of probate, a clerk
of court or a master in those counties where the office of master exists. When an
infant, or such an incompetent person is a party in a proceeding before the Indus-
trial Commission a guardian ad litem for such infant or incompetent person may
be appointed by a judge of probate, clerk of court or master, if there be a master,
of the county wherein such infant or incompetent person resides or by any circuit
court judge in this State.

1952 (47) 2042.

§ 10-236. How guardian ad litem for mentally incompetent person appointed.

When the incompetent person is a plaintiff, the guardian ad litem shall be ap-
pointed upon application made by his committee or by a relative or friend and, if
by a relative or friend, notice thereof must first be given to his committee or, if
he has no committee, to the person with whom he resides. When the incompetent
person is a defendant, the guardian ad litem shall be appointed upon application
made by his committee if the committee applies within twenty days after the serv-
ice of summons or, if his committee neglects or fails to apply within that time or
if he has no committee, by a relative or friend, or any other party to the action. If
application is made by a relative or friend or other party to the action, notice thereof
must first be given to the committee or, if there is no committee, to the person
with whom the incompetent person resides. The application shall be made to, and
the appointment made by. (1) the court in which the action is prosecuted, or (2) a
judge, or the clerk or the master thereof or (3) the probate judge of the county
in which the incompetent person resides or of the county in which the action is
prosecuted, who shall thereupon appoint an attorney or other competent person
to act as guardian ad litem for such incompetent person. If the incompetent person
resides out of the State, or is temporarily absent therefrom, a guardian ad litem
mav be appointed bv an order nisi in accordance with the practice relating to in-
fants as set forth in § 10-235.

1952 (47) 2042.

§ 10-238. Compensation for guardian ad litem of mentally incompetent or
imprisoned person.

The guardian ad litem of a mentally incompetent or imprisoned person ap-
pointed under the provisions of either of § 10-236 or § 10-237 shall receive out of
the property of such mentally incompetent or imprisoned person a reasonable com-
pensation for such service rendered in his behalf.
1952 (47) 2042.

CHAPTER 4.
Venue.

§ 10-303. Actions to be tried in county where defendant resides.

Venue for divorce action— see § 20-106. (2d) 307, (1950).
Thomas v. Thomas, 218 S. C. 235; 62 S. E.

Code of Laws of South Carolina, 1952

8 10-421

The right of a defendant in a civil action
to a trial in the county of his residence is
a substantial right; and when it is sought
to defeat such right by the joinder of an-
other defendant, a plaintiff must establish,
not merely a scintilla of evidence, but by
at least a balance of the evidence, that he
has a valid cause of action against such
joined defendant, and should he fail in this,

it is the duty of the Court to give the de-
fendant seeking a change of venue a right
of trial in the county of his residence.
Wood v. Lea, 219 S. C. 409; 65 S. E. (2d)
669, (1951).

Cited. Webb, Admx. v. Southern Ry. Co.,
et al, 221 S. C. 450; 71 S. E. (2d) 12, (1952).

Applied. Brown v. Palmetto Baking Co.,
220 S. C. 38; 66 S. E. (2d) 417, (1951).

§ 10-305. Hearing elsewhere by consent.

Where an executor, under authority lie against him in the county of the ad-
granted to him, acts in a transaction in his ministration. Wood v. Lea, 219 S. C. 409;
official capacity as executor, an action will 65 S. E. (2d) 669, (1951).

§ 10-307. Suits against insurance companies.

The trial of an action against an insur- Ins. Co., 221 S. C. 166; 69 S. E. (2d) 565,
ance company may be in the county where (1952).
the loss occurred. Padgett v. Calvert Fire

§ 10-310. Changing place of trial.

Issues are not joined, necessitating trial,
until answer or demurrer, so motion to
change the place of trial cannot locically be
required in advance of answer or demurrer.
Brown v. Palmetto Baking Co., 220 S. C.
38; 66 S. E. (2d) 417, (1951).

Motion for a change of venue made con-
currently with the service of answer prop-
erly entertained. Id.

Granting of voluntary nonsuit does not
preclude the defendant in a subsequent suit
from resorting to the provisions of this
section. Brown v. Palmetto Baking Co.,
221 S. C. 183; 69 S. E. (2d) 598, (1952).

To authorize a change of venue on the
grounds convenience of witnesses and the
ends of justice, the burden is upon the
moving party to show that both will be
promoted by the change. Smith v. Atlantic
Coast Line R. Co., 218 S. C. 481; 63 S. E.
(2d) 311, (1951); Reynolds v. Atlantic
Coast Line R. Co., et al, 217 S. C. 16; 59
S. E. (2d) 344, (1950); Webb, Adm. v.
Southern Ry. Co., 221 S. C. 450, 71 S. E.
(2d) 12, (1952).

When the moving party makes a prima
facie showing of the fulfilment of both re-
quirements, the burden shifts to the op-
posing party to defeat the showing made
of at least one of these requirements. Smith

v. Atlantic Coast Line Ry. Co., 218 S. C.
481; 63 S. E. (2d) 311; (1951); Reynolds
v. Atlantic Coast Line R. Co., 217 S. C.
16; 59 S. E. (2d) (1950).

Motion for change of venue on the
ground that the convenience of witnesses
and the ends of justice would be promoted
denied. Thompson v. S. C. State Hwy.
Dept, 221 S. C. 250; 70 S. E. (2d) 241,
(1952).

Transfer to county in which personal de-
fendant resided refused where one of two
defendants is a corporation and jurisdiction
of corporate defendant acquired in another
county. St. Paul Fire & Marine Ins. Co. v.
Osborne, et al, 217 S. C. 96; 59 S. E. (2d)
849, (1950).

Plaintiff may select his forum in the first
instance under the Federal Employers' Lia-
bility Act, but this does not limit a state
court in which an action has been institu-
ted, in changing the place of trial upon a
proper showing. Smith v. Atlantic Coast
Line R. Co., 218 S. C. 481; 68 S. E. (2d)
311, (1951).

Applied. Becker v. Uhe, et al, 221 S. C.
334; 70 S. E. (2d) 346, (1952).

Stated. Padgett v. Calvert Fire Ins. Co.,
221 S. C. 166; 69 S. E. (2d) 565, (1952).

CHAPTER 5.
Summonses, Orders of Publication and Service of Papers Generally.

Article 2.
Personal Service in State.
§ 10-421. How summons served on corporations generally.

The residence of the agent in the forum
county is of the essence, if that feature is
depended upon. Brown v. Palmetto Baking
Co., 220 S. C. 38; 66 S. E. (2d) 417, (1951).

Ownership of property in the county is
not met by ownership of a truck by which
wares were peddled or delivered from an-
other county. Id.

Where domestic corporation, engaged in
manufacture of lumber, had its principal
place of business in one county, but pur-
chased a tract of timber in another county,
and had this timber cut and shipped to it,
held, that this constituted transacting busi-
ness in latter county, giving courts there
jurisdiction; and this would be true even

§ 10-421 1952 Supplement 26

though the timber cutting and shipping Atkinson v. Korn Industries, Inc., 219 S.
were done by an independent contractor. C. 402; 65 S. E. (2d) 465, (1951).

§ 10-424. Service on foreign corporations generally.

A foreign corporation soliciting orders in brought them from it in interestate com-
this State through a traveling solicitor for merce, such solicitor's visit to the State to
sales of its seeds in interstate commerce inquire about the complaints was an iso-
after acceptance of the orders at its home lated event and did not imply the presence
office; and which sent its solicitor into the of his employer there. Hoffman v. D. Land-
State to investigate complaints of the reth Seed Co., 220 S. C. 193; 66 S. E. (2d)
quality of the seed which had been pur- 813, (1951).
chased at retail from its customer who had

§ 10-436. Service on persons imprisoned or confined in a State hospital.

If the suit be against a person imprisoned in this State or a patient in a state
hospital or in any other similar place in or out of this State the summons shall be
served by delivering a copy thereof to the defendant personally. Such service shall
be made by the sheriff of the county in which such person shall be imprisoned or
confined or by the superintendent of the institution or by assistants duly designated
by the superintendent. But no person who makes such service, other than the sheriff,
shall be entitled to any costs therefor. In the event that the superintendent of the
institution should designate an assistant to make such personal service of process
the superintendent shall sign a certificate reciting that such assistant has been
designated by him for the purpose of making service of such process.

1952 (47) 2042.

CHAPTER 6.
Notice of Lis Pendens
§ 10-501. When filed.

The doctrine of lis pendens applies to Where plaintiff filed lis pendens in ac-
an action brought to establish a trust or tion to establish constructive trust and
an equitable lien on real estate, although equitable lien on real estate, held, that
at the commencement of the action there plaintiff's claim affects title to real prop-
is no present vested lien on the property erty and motion for cancellation of lis
which it seeks to charge. Finley v. Hughes, pendens would be denied. Finley v. Hughes,
106 F. Supp. 355 (1952). 106 F. Supp. 355 (1952).

CHAPTER 7.
Pleadings.

Article 1.

General Provisions.

§ 10-602. Pleadings to be liberally construed.

This section enjoins liberal construction denominates it. Carolina Life Ins. Co. v.
of a pleading in favor of the pleader, re- Bank of Greenwood, 217 S. C. 277; 60 S. E.
gardless of what form of action or plea he (2d) 599, (1950).

§ 10-606. Irrelevant, redundant and indefinite matter.

Motion to strike answer does not come (1950).
too late if made after cause docketed and Motion to strike refused. Baker v. Allen

two terms of court. Bank of Fort Mill v. et al, 220 S. C. 141, 66 S. E. (2d) 618,

Rollins, 217 S. C. 464; 61 S. E. (2d) 41, (1951).

§ 10-610. Supplemental complaint, answer and reply.

Cited. Vernon v. Atlantic Coast Line R. Co., 218 S. C. 402; 63 S. E. (2d) 53, (1951).

27 Code ok Laws of South Carolina, 1952 § 10-707

Article 2.
Complaint or Notice.

§ 10-632. What complaint to contain.

In action against State Highway Dept. own negligence or negligently contribute

under former § S887, 1942 Code, for dam- to it. Jeff Hunt Machinery Co., v. S. C.

ages, plaintiff must allege and prove that State Hwy. Dept., 219 S. C. 340; 65 S. E.

it did not bring about the injury by its (2d) 260, (1951).

Article 3.
Demurrer or Answer.

§ 10-642. When the defendant may demur.

Failure state course of action. Meddin 155; 62 S. E. (2d) 109, (1950).
et al v. Southern Ry. Car. Div., 218 S. C. Misjoinder of several causes. Id.

§ 10-643. What demurrer to specify.

Demurrer to whole complaint may be Herlihy et al, 61 S. E. (2d) 764; 218 S. C.
overruled if one cause of action therein 90, (1950).
entitles plaintiff to relief. Wolfe et al v.

Article 6.

Amendments and Variances.

§ 10-691. Amendments of course and after demurrer.

Right to amend hereunder applies to an 60 S. E. (2d) 57, (1950).
answer. Mack v. Plowden, 217 S. C. 112;

§ 10-692. Amendments by the court.

Sound discretion of the trial court as Mack v. Plowden, 217 S. C. 112; 60 S. E.
to a motion to amend does not mean an (2d) 57, (1950).
entirely free hand in discretionary matters.

§ 10-694. Immaterial variances.

Amendments to pleading are favored and 53. (1951).

should be liberally allowed in furtherance Amendments to complaint adding ele-

of justice except under certain circumstan- ments of damages and increasing demand

ces. Braudie v. Richland County, 217 S. allowed. Vernon v. Atlantic Coast Line R.

C. 57; 59 S. E. (2d) 548, (1950). Co., 218 S. C. 402; 63 S. E. (2d) 53, (1951).

Allowance of amendments to pleadings Grantees necessary parties in continuing

is addressed to sound discretion of circuit damage to land action by grantor. Shon-

judge, and his action is not subject to re- nard v. South Carolina Public Service Au-

view by Supreme Court, unless legal error thority, 217 S. C. 458; 60 S. E. (2d) 894,

is clearly shown. Vernon v. Atlantic Coast (1950).
Line R. Co., 218 S. C. 402; 63 S. E. (2d)

CHAPTER 8.
Joinder of Causes; Counterclaim and Set-off; Cross Claims.

§ 10-701. What causes of action may be joined.

Cited. Ayers v. Guess, 217 S. C. 233; 60 may be enforced by action at law for pos-
S. E. (2d) 315, (1950). session of personalty and one in equity for

Mortgage on personalty and real estate foreclosure on real estate. Id.

§ 10-702. Joinder of principal and surety.

An injured party defendant may bring insured as required by law. Brown v.

into the action as new parties the automo- Quinn, 220 S. C. 426; 68 S. E. (2d) 326,

bile by which he allegedly was injured, and (1951).

the carrier of insurance on such automo- Applied. Brown v. Quinn, 220 S. C. 426;

bile, which was operated as a taxicab, and 68 S. E. (2d) 326, (1951).

§ 10-707. Cross actions between codefendants.

Applied. Brown v. Quinn, 220 S. C. 426; 68 S. E. (2d) 326, (1951).

§ 10-901 1952 Supplement 28

CHAPTER 10.
Attachment.

Article 1.
Issue of Attachments.

§ 10-901. Grounds for attachment generally.

Cited. Plowden v. Mack, 217 S. C. 226; 60 S. E. (2d) 311, (1950).

§ 10-905. Affidavit required.

An unadjusted claim for loss under a pany. Charles R. Allen, Inc. v. R. I. Ins.
policy of insurance is subject to attach- Co., et al, 217 S. C. 296; 60 S. E. (2d)
ment in the hands of the insurance com- 609, (1950).

CHAPTER 12.
Issues and Modes of Trial.
§ 10-1056. How issues of law and fact tried.

Action to recover specific real property (2d) 841, (1950).
triable by jury unless waived. Morris et al Cited. Center, et al v. Vaughan, et al,

v. Lambert et al, 218 S. C. 384; 62 S. E. 217 S. C. 31; 59 S. E. (2d) 491, (1950).

CHAPTER 14.
Trial and Certain Incidents Thereof.

Article 1.
General Provisions.
§ 10-1202. Bringing issue to trial; separate trials.

Refusal of voluntary nonsuit or discon- Nonsuit generally. Mullinax v. Great At-

tinuance after issue joined. Romanus v. lantic & Pacific Tea Co. 221 S. C. 433, 70

Biggs et al, 217 S. C. 77; 59 S. E. (2d) S. E. 2d 911 (1952).
645, (195?).

§ 10-1213. Relief from mistake, etc. ; amendments.

Cited. Johnson v. Baldwin, et al, 221 S. C. 141; 69 S. E. (2d) 585, (1952).

§ 10-1215. New trials.

Discretionary power of trial judge to resubmission by consent. Fallon v. Rucks
grant a new trial on factual grounds does et al, 217 S. C. 180; 60 S. E. (2d) 88,
not include objection to the verdict's form (1950).
before it was amended by the jury upon

Article 2.
Motions and Orders.
§ 10-1223. How and when motions nade.

Motion for new trial after adjournment case. State v. Williams, 221 S. C. 107; 69
of term of court held too late in criminal S. E. (2d) 371, (1952).

CHAPTER 15.
Legal Notices Generally.

§ 10-1304. Equivalent of publication for two weeks or fifteen days.

Not applicable to § 47-1004. Central Re- spector, City of Greenville, 218 S. C. 435;
alty Corporation v. Allison, Building In- 63 S. E. (2d) 153, (1951).

§ 10-1306. Length of time legal sales shall be advertised.

Cited. Central Realty Corporation v. Alii- 218 S. C. 435; 63 S. E. (2d) 153, (1951).
son, Building Inspector, City of Greenville,

29 Code of Laws of South Carolina, 1952 § 10-1732

CHAPTER 16.
Referees and Masters.
§ 10-1402. When reference may be compulsorily ordered.

See generally Center et al. v. Vaughan Applied. Nachman-Rhodes, Inc. v. Light-

er al, 217 S. C. 31; 59 S. E. (2d) 491, ner et al, 219 S. C. 167, 64 S. E. (2d) 393,
(1950). (1951).

§ 10-1403. Reference in equitable matters.

Order of reference not proper in action Applied. Nachman-Rhodes, Inc. v. Light-

for legal services rendered. DePass v. Pied- ner et al, 219 S. C. 167; 64 S. E. (2d) 393,

mont Interstate Fair Ass'n. 217 S. C. 38; (1951).
59 S. E. (2d) 495, (1950).

CHAPTER 17.
Verdicts.

§ 10-1453. When jury may render special or general verdict; directing spe-
cial findings.

In action for recovery of money only the Fire Ins. Co., 217 S. C. 365; 60 S. E. (2d)
rendition of a special verdict is within the 687, (1950).
discretion of the jury. Eaves v. Progressive

§ 10-1461. Motions for new trial.

Discretionary power of trial judge to resubmission by consent. Fallon v. Rucks,

grant a new trial on factual grounds does et al, 217 S. C. 180; 60 S. E. (2d) 88,

not include objection to the verdict's form (1950).
before it was amended by the jury upon

CHAPTER IS.

Judgments and Decrees Generally.

Article 1.
General.
§ 10-1501. Judgment defined.

Generally where a judgment results from aside such judgment on the ground of

a trial in which there was false swearing, fraud. Bryan v. Bryan, et al, 220 S. C. 164;

an independent action in equity will not lie 66 S. E. (2d) 609, (1951).
between the parties or their privies to set

Article 2.

Judgments by Default or Confession.

§ 10-1532. Judgment after reference or upon evidence taken by court.

Applied. Arthur v. Devaux, 217 S. C. 256; 60 S. E. (2d) 590, (1950).

CHAPTER 20.
Executions and Judicial Sales Generally.

Article 2.
Discovery; Arrest; Garnishment ; Receivers, etc.

§ 10-1721. Order for discovery of property.

See Generally. Fagin v. Timmons, 217 S. C. 432; 60 S. E. (2d) 863, (1950).

§ 10-1732. Judge may appoint receiver.

Fact that tax lien of U. S. is on property of debtor. Fagin v. Timmons, 217 S. C. 432;
of debtor is not sufficient to prevent ap- 60 S. E. (2d) 863, (1950).
pointment of receiver to manage property

§ 10-1733 1952 Supplement 30

§ 10-1733. Prohibition of transfer of property.

Cited. Fagan v. Timmons, 217 S. C. 432; 60 S. E. (2d) 863, (1950).

CHAPTER 23.
Death by Wrongful Act and Lynching.

Article 1.
Death by Wrongful Act.
§ 10-1951. Civil action for wrongful act causing death.

Cited. Conyers v. Atlantic Coast Line R. Evidence sufficient to justify submission

Co., et al, 218 S. C. 278; 62 S. E. (2d) 478, to jury of question of joint or common en-

(1950); McCullem v. Liberty Life Ins. Co., terprise. Floe v. Plowden, 192 F. 2d 291

217 S. C. 565; 61 S. E. (2d) 181, (1950); (1951).

Dawson, Administrator v. South Carolina In wrongful death action, where plaintiff
Power Company, 220 S. C. 26; 66 S. E. administrator, who is required by the stat-
(2d) 322, (1951); Jones v. Atlanta-Charlotte ute to bring suit, and the defendants are
Air Line R. Co., et al, 218 S. C. 537; 63 residents of same state, there is no federal
S. E. (2d) 476, (1951); Webb, Adm. v. jurisdiction based on diversity of citizen-
Southern Ry. Co., et al, 221 S. C. 450; 71 ship. Mason v. Helms, et al, 97 F. Supp.
S. E. (2d) 12, (1952); Atlantic Coast Line 312 (1951).

R. Co. v. Glenn, 198 F. (2d) 232 (1952); In action for wrongful death the lex loci

DuRant v. George A. Rheman Co. Inc., governs as to all matters considered to be

219 S. C. 250; 64 S. E. (2d) 531, (1951). substantive and which create and affect the

Wife living in adulter}- with another man right to sue; and the lex fori governs as to

during decedent's lifetime not "widow" merely procedural matters. Anderson v.

under wrongful death statute. Folk v. Lane, 97 F. Supp. 265 (1951).
United States, 102 F. Supp. 736 (1952).

§ 10-1952. Beneficiaries of action for wrongful death.

See notes under § 10-1951. Charlotte Air Line R. Co.. et al. 218 S. C.

Cited. Conyers v. Atlantic Coast Line R. 537; 63 S. E. (2d) 476, (1951V. Webb. Adm.

Co.. et al. 218 S. C. 278; 62 S. E. (2d) 478, v. Southern Ry. Co., et al, 221 S. C. 450;

(1950); Dawson, Administrator v. South 71 S. E. (2d) 12, (1952); Atlantic Coast

Carolina Power Company, 220 S. C. 26: Line R. Co. v. Glenn, 198 F. 2d 232 ( 1952).
66 S. E. (2d) 322, (1951); Jones v. Atlanta-

CHAPTER 24.
Declaratory Judgments.

§ 10-2002. Courts of record may declare rights, status, and other legal rela-
tions.

A declaratory judgment should not deal for declaratory judgments without await-

with moot or abstract matters or constitute ing a breach of existing rights. Waller, et

a merely advisory opinion, and to this end al v. Waller, 220 S. C. 212; 66 S. E. (2d)

there should be an existing controversy, or 876, (1951).

at least the "ripening seeds of a contro- Applied. S. C. Electric & Gas Co. v.

versy," as stated in 16 Am. Jur. 284. but Pinckney et al, 217 S. C. 407; 60 S. E. (2d)

the basic purpose of the act is to provide 851, (1950).

§ 10-2003. Deed, will, written contract, statute, municipal ordinance, con-
tract or franchise.

Since the parties have present, vested in- ture. and they are entitled to invoke the

terests in the reversion affecting the land declaratory aid of this court. Waller, et al

in question, although subject to be di- v. Waller, 220 S. C. 212; 66 S. E. (2d ) 876,

vested, the action is by no means prema- (1951).

31 Code of Laws of South Carolina, 1952 § 10-2301

CHAPTER 25.
Injunctions.
§ 10-2055. Conditions under which temporary injunction granted.

There are two essential conditions to the junction is reasonably necessary to protect

granting of temporary injunctions: (1) the the legal rights of the plaintiff pending the

complaint must allege facts which appear litigation. Bookhart v. Central Elec. Power

to be sufficient to constitute a cause of ac- Coop., 219 S. C. 414; 65 S. E. (2d) 781,

tion for injunction; and (2) on the entire (1951).

showing from both sides it must appear, in Cited. Epps v. Bryant et al, 218 S. C.

view of all the circumstances, that the in- 359; 62 S. E. (2d) 832, (1950).

§ 10-2055.1. When temporary injunctions granted; copy of affidavit to be
served.

Cited. Epps v. Bryant et al, 218 S. C. 359; 62 S. E. (2d) 832, (1950).

§ 10-2055.2. Order to show cause why injunction should not be granted ; tem-
porary restraint.

No undertaking necessary for restraining 62 S. E. (2d) 832, (1950).
order. Epps v. Bryant, et al, 218 S. C. 359;

§ 10-2057. Security upon injunctions ; how damages ascertained.

Undertaking necessary when temporary dictional defect. Id.
injunction ordered. Epps v. Bryant, et al, Cited. Epps v. Bryant et al, 219 S. C. 307;

218 S. C. 359; 62 S. E. (2d) 832, (1950). 65 S. E. (2d) 112, (1951).

Failure require undertaking is not juris-

§ 10-2059. Motion to vacate or modify injunction.

This section authorizes a judge to in- after due notice and a hearing must ordi-
crease the amount of an undertaking fixed narily stand, so far as the power of the Cir-
in an injunction order granted on an ex cuit Court is concerned, until the cause is
parte application, upon a proper showing tried, except perhaps when there is a show-
that said amount is inadequate for the pro- ing of a material change in conditions or
tection of the defendant. Epps v. Bryant, that unusual and unforeseen circumstances
et al, 219 S. C. 307; 65 S. E. (2d) 112, had developed since the issuance of the
(1951). order. Epps v. Bryant, et al, 219 S. C. 307;

But the manifest implication of this sec- 65 S. E. (2d) 112, (1951).
tion is that an injunction order granted

CHAPTER 29.
Quo Warranto and Scire Facias.

§ 10-2264. Proceedings against defendant on refusal to deliver books, etc.

Applied. Jennings v. Green, et al, 219 S. C. 471; 65 S. E. (2d) 878, (1951).

CHAPTER 30.
Receivership and Other Provisional Remedies.

§ 10-2301. Appointment.

Receivership may affect procedure upon, under this section. Taylor v. Atlantic Coast

but not the substance of, contract obliga- Line R. Co. et al, 217 S. C. 435; 60 S. E.

tions. National Cash Register Co. v. Burns, (2d) 889, (1950).
217 S. C. 310; 60 S. E. (2d) 615, (1950). All creditors need not be original parties

Receivership in supplementary proceed- to proceedings for appointment of receiver.

ing is different from ordinary receivership Id.

§ 10-2401 1952 Supplement 32

CHAPTER 31.
Recovery of Real Property.

Article 1.
General Provisions.

§ 10-2401. Who may bring action to determine adverse claim.

See generally. Waller et al v. Waller, 220 S. C. 212; 66 S. E. (2d) 876, (1951).

Article 2.
Possession and Adverse Possession.

§ 10-2421. When possession presumed; when occupation deemed under legal
title.
Payment of taxes to prove adverse pos- 65 S. E. (2d) 478, (1951).
session. Harrelson v. Reaves, 219 S. C. 394; Stated. Terwilleger v. White,

§ 10-2422. Occupation under written instrument, etc.

See generally Thigpen v. Thigpen, 217 S. C. 322; 60 S. E. (2d) 621, (1950).

CHAPTER 32.
Recovery of Personal Property.
§ 10-2501. When claimant may claim immediate delivery.

The summons must be served before the necessity of summons, however seizure was

proceeding for immediate possession is invalid. Plowden v. Mack, 217 S. C. 226;

commenced. Plowden v. Mack, 217 S. C. 60 S. E. (2d) 311, (1950).

226; 60 S. E. (2d) 311, (1950) . Action for possession triable even though

General appearance of defendant after seizure may be illegal. Plowden v. Mack,

seizure of property, where no summons 217 S. C. 226; 60 S. E. (2d) 311, (1950).
served prior to seizure, was waiver of

§ 10-2503. Affidavit and its requisites.

Verified complaint may be used to aug- 226; 60 S. E. (2d) 311, (1950).
ment affidavit. Plowden v. Mack, 217 S. C.

§ 10-2504. Requisition to sheriff to take and deliver property.
Cited. Plowden v. Mack, 217 S. C. 226; 60 S. E. (2d) 311, (1950).

§ 10-2505. When sheriff to take property; security required.

Amendment of bond and giving amended 217 S. C. 226; 60 S. E. (2d) 311, (1950).
bond retroactive effect. Plowden v. Mack,

CHAPTER 33.
Remedies of Minors, Incompetents and Females.

Article 3.
Adoption.
§ 10-2581. Petition for adoption.

Cited. Driggers et ux. v. Jolley, 219 S. C. 31; 64 S. E. (2d) 19, (1951).

33 Code of Laws of South Carolina, 1952 § 12-454

Title 11.
Contracts and Agency.

CHAPTER 3.
Statutes of Frauds

§ 11-101. Agreements required to be in writing.

Unless an alleged parol contract shows peal, that intention of parties is of con-
on its face that it is not capable of being trolling effect, and therefore, upon a trial
performed within one year it does not con- of the case, the intention of the parties as
travene the Statute of Frauds. There must to whether the contract was to be per-
be a negation of the right to perform the formed within one year will control whether
contract within a year. But, this rule would the agreement is valid and enforceable and
not apply where trial judge held, in an not within the Statute. Elkins, et al. v. Ply-
order overruling a demurrer without prej- woods-Plastics Corporation, 219 S. C. 296;
udice from which holding there was no ap- 55 S. E. (2d) 243-, (1951).

Title 12.
Corporations.

CHAPTER 2.
Creation and Organization of Corporations Generally.

Article 1.
Creation and Organization.

§ 12-52. Initial meeting of subscribers ; election of board.

Two or more persons desiring to form a corporation for any purpose whatso-
ever or two or more combined (except for municipal purposes and except also for
a railroad, railway, turnpike, canal or steamboat corporation) shall when not less
than fifty per cent of the proposed capital stock shall have been subscribed by
bona fide subscribers call the subscribers together. At such meeting of the sub-
scribers, a majority of them in value being present in person or by proxy, the
subscribers shall proceed to the organization of the proposed corporation by the
election from among themselves of a board of directors, trustees or managers of
such number as they may deem proper, not to exceed seventeen in number. Such
board shall manage the affairs of the proposed corporation until their successors
shall have been elected and shall have qualified according to the constitution and
bylaws of the proposed corporation.

1952 (47) 2173.

CHAPTER 8.

Merger and Consolidation in General.

§ 12-451. Right to consolidate or merge.

Stated. Johnson v. Baldwin, et al, 221 S. v. Abney Mills, 219 S. C. 231. 64 S. E.
C. 141; 69 S. E. (2d) 585, (1952); Johnson (2d) 641. (1951).

§ 12-452. Agreement of merger or consolidation.

Stated. Johnson v. Baldwin, et al. 221 S. C. 141; 69 S. E. (2d) 585, (1952).

§ 12-453. Submission to stockholders.

Stated. Johnson v. Baldwin, et al. 221 S. C. 141; 69 S. E. (2d) 585, (1952).

§ 12-454. Filing and recordation of agreement.

Stated. Johnson v. Baldwin, et al, 221 S. C. 141; 69 S. E. (2d) 585, (1952).

§ 12-457 1952 Supplement 34

§ 12-457. Effect of consolidation.

Stated. Johnson v. Baldwin, et al, 221 S. C. 141; 69 S. E. (2d) 585, (1952).

§ 12-458. Same; property; rights and liabilities.

Stated. Johnson v. Baldwin ct al, 221 S. C. 141; 69 S. E. (2d) 585, (1952).

§ 12-459. Dissenting stockholders to be paid value of stock.

A dissenting stockholder is put to an (2d) 585, (1952).
election. If he votes against the merger, it Where a stockholder voted against a
does not follow that he must demand pay- merger at the stockholders' meeting, and
ment of the cash value of his stock. After thereafter within the required time, de-
being outvoted in the election, he has manded payment for her stock and peti-
twenty days after the consolidation or tioned the court for the appointment of
merger agreement is filed and recorded to appraisers, she was bound by her election
determine whether he will demand the pay- and may not later withdraw her demand
ment of the value of his stock or go along and restore her status as a stockholder,
with the consenting stockholders and take Johnson v. Baldwin, et al, 221 S. C. 141;
under the merger agreement. Johnson v. 69 S. E. (2d) 585, (1952).
Baldwin, et al, 221 S. C. 141; 69 S. E.

§ 12-460. How value determined.

Where a stockholder voted against a and restore her status as a stockholder,
merger at the stockholders' meeting, and The Statute admits of no other reasonable
thereafter within the time required by stat- construction and to hold otherwise would
ute, demanded payment for her stock and lead to great uncertainty and much con-
petitioned the court for the appointment of fusion. Johnson v. Baldwin, et al, 221 S.
appraisers, she was bound by her election C. 141; 69 S. E. (2d) 585, (1952).
and may not now withdraw her demand

§ 12-463. Effect of consolidation on actions pending.

Stated. Johnson v. Baldwin, et al, 221 S. C. 141; 69 S. E. (2d) 585, (1952).

§ 12-464. Certain liabilities and rights not affected.

Stated. Johnson v. Baldwin, et al, 221 S. C. 141; 69 S. E. (2d) 585, (1952).

CHAPTER 10.
Dissolution and Transfer of All Assets.

Article 3.
Sale of Major Assets.

§ 12-633. Rights of objecting stockholders.

Cited. Johnson v. Baldwin, et al 221 S. C. 141; 69 S. E. (2d) 585, (1952).

CHAPTER 11.
Foreign Corporations.

Article 1.
General Provisions.
§ 12-703. Contracts with citizens deemed made in the State.

Where textile factor was not licensed to application to textile factor's contract,
do business in South Carolina and was not Meinhard Greeff & Co. v. Edens, 189 F.
doing business therein, this section had no 2d 792 (1951).

CHAPTER 12.
Charitable, Social and Religious Corporation.

§ 12-758. Powers of corporation.

Porter Academy, an eleemosynary cor- emy, et al, 217 S. C. 168; 60 S. E. (2d) 82,
poration, has all of the powers authorized (1950).
by this section. Frierson v. Porter Acad-

35 Code of Laws of South Carolina, 1952 § 13-227.1

CHAPTER 15.
Rural Electric Cooperative Act.

Article 1.
General Provisions.
§ 12-1001. Short title.

Constitutional. Bookhart v. Central Elec. The transmission of electric power by

Power Coop., 219 S. C. 414; 65 S. E. (2d) Central Electric Power Cooperative, Inc.,
781, (1951). is a public purpose. Id.

Title 13.
Cotton.

CHAPTER 2.
Weighers and Weighing.

Article 8.

Compensation and Charges in Certain Localities.

§ 13-224. Where charge ten cents.

The cotton weighers at Darlington in Darlington County, in Florence County,
at Chappells and Prosperity in Nezvberry County, at Seneca in Oconee County
shall receive as compensation for their services ten cents per bale for each bale
weighed by them. Such compensation shall be paid one-half by the buyer and one-
half by the seller.

The seller and buyer of any cotton on the market at Gaffney shall each pay to
the weigher five cents per bale for each bale weighed, to be turned over by him to
the county treasurer monthly. On the 15th day of June in every year, after de-
ducting the expenses for salaries, labor and charges for scales and platform, any
balance shall be converted into the ordinary funds of the county. The governing
body of Cherokee County may fix the compensation of the cotton weigher at
Gaffney.

1952 (47) 1879.

§ 13-227. Where twenty cents.

******

The governing body of McCormick County shall fix the compensation to be re-
ceived by the cotton weigher at McCormick in McCormick County, not to exceed
twenty cents for each bale weighed by him, ten cents of which shall be paid by the
seller and ten cents by the buyer.

1952 (47) 1727.

First two paragraphs unchanged.

§ 13-227.1. Where twenty-five cents.

******

The cotton weigher in the Aiken Township in Aiken County shall receive as com-
pensation not more than twenty-five cents for each bale weighed by him.
1952 (47) 1925.

§ 13-228 1952 Supplement 36

§ 13-228. Where thirty cents.

It shall be unlawful for any cotton weigher in Dillon County to charge in excess
of thirty cents per bale for weighing cotton, one-half of which shall be paid by the
buyer and one-half by the seller.

The cotton weigher at Camden in Kcrshazv County and the cotton weigher at
Kershaw in KcrsJiaw and Lancaster Counties shall receive thirty cents per bale for
each bale of cotton weighed by him, fifteen cents to be paid by the buyer and fifteen
cents to be paid by the seller.

The cotton weigher for Columbia township in Richland County shall receive and
charge for his services and the use of the platform thirty cents for each bale weighed
by him, fifteen cents to be paid by the seller and fifteen cents to be paid by the buyer.
He shall render to the governing body of the county a monthly statement of the
cotton weighed by him and shall pay to such body as compensation for the use of
the platform one cent per bale for all cotton weighed and one-half the amount col-
lected for cotton remaining on the platform more than three days. All other receipts
shall be retained by the cotton weigher for his compensation and expenses.

The governing body of Lancaster County shall fix the compensation to be re-
ceived by the cotton weighers at Heath Springs and Lancaster in Lancaster Coun-
ty not to exceed thirty cents for each bale weighed by them, fifteen cents of which
shall be paid by the seller and fifteen cents by the buyer.

19S2 (47) 1727, 1879.

Title 14.

Counties

Chapter 1. General Provisions, § 14-17.

15. Abbeville County, §14-701.

18. Anderson County, § 14-863.

23. Calhoun County, § 14-1121.

26. Chester County, § 14-1357.

27. Chesterfield County, § 14-1423.
30. Darlington County, § 14-1661.

39. Hampton County.' §14-2270.

40. Horry County, § 14-2303.1.
43. Lancaster County, § 14-2564.1.
54. Richland County, § 14-3201.
56. Spartanburg County, § 14-3307.

CHAPTER 1.
General Provisions.

§ 14-17. Same; local exceptions in certain counties.

Notwithstanding the provisions of § 14-16, the fiscal year of the counties of Abbe-
ville, Aiken, Allendale, Anderson, Barnwell, Beaufort, Berkeley, Calhoun, Charles-
ton, Chester, Chesterfield, Colleton, Darlington, Dillon, Dorchester, Edgefield, Flor-
ence, Greenville, Horry, Jasper, Kershaw, Lancaster, Laurens, Lee, Marion, Marl-
boro, McCormick, Newberry, Oconee, Richland, Saluda, Spartanburg, Sumter,
Union and York shall begin on July 1st of each year and end on June 30th of the
next following calendar year.

1952 (47) 1702, 1914.

37 Code of Laws of South Carolina, 1952 § 14-606

§ 14-19. Operation of county government in county without supply act.

Applied. McKown et al v. Daniel et al, 217 S. C. 510; 61 S. E. (2d) 163, (1950).

CHAPTER 2.
Boundaries of Existing Counties.
§ 14-57. Beaufort County.

Transfer of portion of Beaufort County County, et al v. Jasper County, et al, 220 S.
to Jasper County constitutional. Beaufort C. 469; 68 S. E. (2d) 421, (1951).

§ 14-77. Jasper County.

Transfer of portion of Beaufort County County, et al v. Jasper County, et al, 220
to Jasper County constitutional. Beaufort S. C. 469; 68 S. E. (2d) 421, (1951).

CHAPTER 4.
Creation of New Counties and Consolidation of Counties.
§ 14-157. Appointment and duties of surveyors.

Cited. Beaufort County, et al v. Jasper 421, (1951).
County, et al, 220 S. C. 469; 68 S. E. (2d)

§ 14-163. General Assembly to create a new county.

Cited. Beaufort County, et al v. Jasper 421, (1951).
County, et al, 220 S. C. 469; 68 S. E. (2d)

CHAPTER 5.
County Boards of Commissioners.
§ 14-201. How composed.

In absence of statutory authority a real estate. Williams et al v. Wylie, et al.
county board of commissioners cannot sell 217 S. C. 247; 60 S. E. (2d) 586, (1950).

CHAPTER 7.
County Officers Generally.
§ 14-302. How vacancies in county offices filled.

Applied. Bradford and Malone. et al v. 228, (1952).
Byrnes, et al, 221 S. C. 255; 70 S. E. (2d)

§ 14-315. Disbursing officers not to exceed or transfer appropriations ; suspen-
sion by Governor.

Held inapplicable to a certain county 217 S. C. 510; 61 S. E. (2d) 163, (1950).
supply act. McKown, et al v. Daniel, et al,

CHAPTER 9.
Claims Against Counties.
§ 14-413. Disallowance of claims on other grounds.

Recovery of funds paid on claims of Daniel, et al, 217 S. C. 510; 61 S. E. (2d)
sheriff for costs and fees approved by 163, (1950).
county governing body. McKown, et al v.

CHAPTER 13.
Buildings and Lands Generally.

§ 14-606. Alterations in courthouse or jail.

Cited. Beacham v. Greenville County, 218 S. C. 181 ; 62 S. E. (2d) 92, (1950).

§ 14-1701 1952 Supplement 38

CHAPTER 15.
Abbeville County.

Article 1.
General Provisions.
§ 14-701. Term of supervisor.

The term of office of the county supervisor of Abbeville County which begins on
June 30, 1953, shall expire on December 31, 1956. Thereafter and commencing Jan-
uary 1, 1957, the regular terms of office of the supervisor shall be for four years and
until his successor qualifies.
1952 (47) 1729.

CHAPTER 18.
Anderson County.

Article 1.
County Government.

§ 14-863. Authority of supervisor.

The supervisor shall, subject to such limitations as may be herein placed upon
him, have charge of the buildings, including the courthouse and the employment
of the janitor thereof, and maintenance of roads, the county chain gang and county
prisoners and is charged with the care and supervision of all county property not
specifically falling under the care and supervision of the board : provided, that the
clerk of court shall have charge of the courtroom and jury rooms of the courthouse.
The supervisor shall have charge of all road construction and maintenance.

1952 (47) 1979.

CHAPTER 23.
Calhoun County.
§ 14-1121. Historical Commission.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1911 and 1912 make up this section.

CHAPTER 24.
Charleston County.

Article 8.
Township of Folly Island.

§ 14-1261. Territorial limits.

Stated. Wagener, et al v. Smith, et al, 221 S. C. 438; 71 S. E. (2d) 1, (1952).

CHAPTER 25.
Cherokee County.

Article 1.
County Government .
§ 14-1304. Clerk; appointment; term; vacancy; dutiees.

Original clerk entitled books, papers, etc. et al, 219 S. C. 471; 65 S. E. (2d) 878,
from predecessor clerk. Jennings v. Green, (1951).

39 Code of Laws of South Carolina, 1952 § 14-1366.3

Article 2.
Financial Matters Generally.
§ 14-1311. Appropriations not to be exceeded.

This section, in view of 1935 amendment and costs to those in annual county supply
to Article III, § 34, State Constitution, does act. McKown, et al v. Daniel, et af, 217 S.
not limit amounts payable to sheriff for fees C. 510; 61 S. E. (2d) 163, (1950).

CHAPTER 26.
Chester County

Article 1. Article 2.

General Provisions, § 14-1357. County Government, § 14-1366.1.

Article 1.
General Provisions.
§ 14-1357. Office hours.

All county offices in Chester County shall remain open Monday through Friday
from nine o'clock a.m. until five o'clock p.m. On Saturday all county offices shall be
open until one o'clock p.m.
1952 (47) 2133.

Article 2.

County Government.

§ 14-1366.1. Administrative duties and powers.

The county manager shall be the administrative officer of the board of directors,
administer the affairs of the board of directors and in the absence of the board of
directors or when the board of directors is not in session perform the duties and
carry out those functions of the county board of directors provided by § 14-1371.
He shall have general supervision of all county buildings, county farm, nursing and
convalescent home, dieting of prisoners in the county jail and the keeping of the
books and records of the office of the board of directors, and shall have all other
duties of an administrative nature.

The county manager shall advise and cooperate with the board of directors and
shall attend all regular meetings of the board of directors.

1952 (47) 2127.

§ 14-1366.2. Employees.

All employees shall be employed by the board of directors upon the recommenda-
tion of the county manager.
1952 (47) 2127.

§ 14-1366.3. Duties as to county property.

The county manager shall organize and maintain an efficient system of operation
for the road department, the county prison stockade and the county shops. Such
system shall include a record of all receipts and disbursements, purchases, etc., and
shall also include monthly inventory of all materials, supplies, equipment and ma-
chinery on hand. The inventory is to be made by the county manager or person or
persons acting under his direction. The county manager shall make a report at
the end of each month to the board of directors showing the work performed during
the month, together with the expenditures therefor.

1952 (47) 2127.

§ 14-1366.4 1952 Supplement 40

§ 14-1366.4. Act as purchasing agent.

The county manager shall be the purchasing agent for Chester County and pur-
chase all supplies, machinery, equipment and materials, claims for which shall be
approved by the board of directors. All purchases shall be made as hereinafter pre-
scribed. All purchases of supplies, machinery, equipment and materials in excess of
two hundred fifty dollars shall be made by the county manager by asking for and
advertising for public bids. The county manager shall ask for and receive two or
more bids for any supplies, machinery, equipment or materials to be purchased.
The county manager in asking for and advertising for bids, shall submit a list of
specifications in detail for any purchase or purchases to be made. After bids have
been received from two or more bidders the county manager shall make purchase
or purchases from the lowest bidder. No purchases shall be divided for the purpose
of circumventing this section. When purchases of any supplies, machinery, equip-
ment or materials are made from any governmental agency or department the
county manager shall make such purchases without asking for and advertising for
bids, but with the approval of the board of directors and a majoriy of the legis-
lative delegation. Under emergency conditions the county manager may make pur-
chases without asking for and advertising for bids. Such purchases may be made
with the approval of the board of directors and a majority of the legislative delega-
tion. Purchases under two hundred fifty dollars shall be made by the county man-
ager without asking for and advertising for bids, and in each such instance the coun-
ty manager shall certify on the claim for the article thus purchased the reasons
therefor. All claims against the county for supplies, machinery, equipment and ma-
terials arising under and to be paid for out of the appropriations for the departments
of the county in charge of the board of directors shall first be approved by the county
manager before being paid. Any purchase of supplies, machinery, equipment, or
materials made contrary to the above provisions shall not be paid for out of county
funds.

1952 (47) 2127.

§ 14-1367. Compensation of county employees.

The compensation and salaries of all employees, agents and servants of the
county except the manager shall be determined and fixed by the board of directors,
shall be as low as may be consistent with securing competent employees and efficient
service and shall not be more or less than the respective amounts provided in the
annual county supply act or authorized and approved in writing by the legislative
delegation.

1952 (47) 2127.

§ 14-1368. Bonds.

An adequate bond with good and sufficient surety payable to the board of di-
rectors and conditioned for the faithful performance of their duties shall be required
of such employees not otherwise provided for and contracting parties as the board
may deem proper.

1952 (47) 2127.

§ 14-1371. Further duties.

The board of county directors shall organize and conduct the administration of
the county's business, financial and fiscal affairs upon a systematic, economical
and efficient basis. To that end the board shall :

41 Code of Laws of South Carolina, 1952 § 14-1661

( 1 ) Provide and maintain at the county seat an office for the transaction of busi-
ness, which shall be open as nearly as practicable upon every business day of the
year, wherein shall be kept all books of account, contracts, correspondence and
other records of official business ;

(2) Inaugurate and maintain, under such expert supervision and direction as
may be necessary, a system of receiving and disbursing funds and keeping accurate
check of the same and of accounting and bookkeeping that will properly safeguard
the public interest and accurately determine and show the cost of maintaining all
public institutions and public property and of performing all public work of every
character ;

(3) Maintain and keep in repair and in efficient operative condition all county
property and county institutions.

1952 (47) 2127.

CHAPTER 27.
Chesterfield County.

Article 2.
County Government.

§ 14-1423. Bonds of clerks for board of commissioners and county treasurer
clerks.

The clerk and the assistant clerk of the board of commissioners and each of the
clerks in the office of the county treasurer shall be bonded in the amount of five
thousand dollars each. Such bonds shall be surety company bonds or cash or gov-
ernment bonds deposited by the clerk. No clerk shall enter upon the discharge of
his duties until such bond has been filed with the clerk of court.

1952 (47) 2074.

CHAPTER 30.
Darlington County.

Article 2. Article 4.

County Government, § 14-1661. Financial Matters Generally, § 14-1691.
Article 3. Article S.

Purchases, § 14-1681. Sinking Fund Commission, § 14-1701.

Article 2.

County Government.

§ 14-1661. County board of directors; appointment; term; removal; vacancy.

A county board of directors hereinafter called "the board" is hereby created to
constitute the county board of Darlington County. The board shall consist of six
members, who shall be appointed by the Governor upon the recommendation of
a majority of the legislative delegation from Darlington County, including the Sen-
ator, for a term of three years from March 25 1952 and until their successors are
appointed and qualified. The members shall be subject to removal by the Governor
for incapacity, misconduct or neglect of duty. A vacancy occurring on the board
shall be filled for the unexpired term in the same manner as provided for the ap-
pointment of the original board.

1952 (47) 2096.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1662 1952 Supplement 42

§ 14-1662. Officers.

There shall be a chairman and a vice-chairman of the board, both of whom shall
be elected by the members of the board from their membership. The chairman shall
preside at all meetings and represent the board when it is not in session. The vice-
chairman shall act as chairman during the absence of the chairman. The terms of
office of chairman and vice-chairman shall run coterminously and end with their
term of office on the board.

1952 (47) 2096.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1663. Meetings.

The board shall meet as soon as practicable after its appointment and monthly
thereafter at a time to be designated by the chairman, upon five days written notice
to the other members of the board, and at such other times as the chairman may
designate.

1952 (47) 2096.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1664. Duties and powers.

All executive and administrative duties, powers, and authority necessary for the
government of the county which are not inconsistent with the Constitution or laws
of this State, including all the duties, powers and authority that are formerly de-
volved upon or vested in the county manager and the advisory commission to the
manager and which are not inconsistent with the provisions of this chapter, are
hereby devolved upon and vested in the board.

1952 (47) 2096.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1665. Manager; clerk.

The board shall employ a county manager and a county clerk, each of whom shall

hold office for the term of one year on a fiscal year basis, beginning July 1 1952.

Each shall, however, be subject to removal by the board at any time for sufficient

cause. Before entering upon the discharge of their duties, the county manager shall

execute a fidelity bond in the sum of twenty thousand dollars and the clerk shall

execute a fidelity bond in the sum of ten thousand dollars, both of which shall be

in favor of the county with a surety company authorized to do business in this State

and the premium on the bonds shall be paid from county ordinary funds.

1952 (47) 2096.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1666. Duties of manager.

The county manager shall keep the board informed on the financial and other
affairs of Darlington County. The public works of the county, including the supervi-
sion of all public buildings, road machinery, chaingang, and jail equipment, and
other public property, both real and personal, and the construction, maintenance
and supervision of public roads, bridges, and other public works, and the operation
and maintenance of the chaingang and jail, shall be under the supervision of the
county manager subject to such rules, regulations and restrictions as may be pro-
mulgated by the board.

1952 (47) 2096.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

43 Code of Laws of South Carolina, 1952 § 14-1688

§ 14-1667. Public works under control of county manager.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1668. Custodian of property.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1669. Advisory commission to manager.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1670. Chairman and vice-chairman.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1671. Meetings; county manager to keep commission informed.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1672. Attorney.

As legal advisor to the county board of directors, there shall be appointed by
the board a member of the South Carolina Bar, who is also a member of the Dar-
lington County Bar. Such appointment shall be made for a one-year term on a
fiscal year basis beginning July 1 and such attorney shall handle all legal business
of the county.

1952 (47) 2096.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

Article 3.
Purchases.
§ 14-1681. County manager to make purchases.

The purchase of all supplies, equipment, machinery, groceries, materials, wares,
merchandise, and other articles which may be needed by the county from time
to time, shall be made by the county manager, subject to such rules, regulations
and restrictions as may be promulgated by the board, with a view, first, to serving
satisfactorily the purpose and contemplation of such purchases, and second, to
securing the widest practicable measure of competition consistent with that purpose.
All materials, supplies, or equipment, the value of which exceeds two hundred dol-
lars, shall be purchased only after receiving two or more sealed bids.

1952 (47) 2096.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1682. Conformance to requirements of commission.

Repealed by 1052 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1683. Procedure generally.

Rerealed by 1952 A. eSc J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1684. Purchase after advertising for bids.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1685. When bidding restricted to eligible list.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1686. Purchases when competition impracticable.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1687. Replacement parts, etc.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1688. Emergencies.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1691 1952 Supplement 44

Article 4.
Financial Matters Generally.
§ 14-1691. Authority of board.

The board shall pass such rules and regulations as may be necessary to the
proper handling of all monies and finances of the county, as shall not be incon-
sistent with the annual appropriation act, and shall direct the expenditure and
payment thereof. No request for expenditure of any funds not provided for in the
annual appropriation act or by special legislation shall be granted unless such re-
quest shall first be submitted to the board in writing and approved by a majority
of the members of the board at a regular meeting or a meeting called for the
purpose of hearing such request. The legislative delegation shall have no authority
to issue an authorization for expenditure of funds between sessions of the General
Assembly.

1952 (47) 2096.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1692. Budgets; recommendations.

On or before January fifteenth of each year the board shall prepare and submit
to the legislative delegation of the county an itemized statement of all needful ap-
propriations, together with the estimated revenues accruing to the county from all
sources and in such form that the statement may be used as the basis for the annual
county appropriation act. The board shall make recommendations to the delegation
in respect to needful legislation in the interest of an efficient administration of the
affairs of the county.

1952 (47) 2096.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1694. Disbursements; records; audits.

All vouchers and warrants for the disbursement of county funds shall, after ap-
proval by the board, be signed by the county manager and the county clerk. Such
vouchers and warrants and all other records pertaining to the county business shall
be placed in the custody of the county clerk who shall preserve them among the
records of his office. The county clerk shall also examine and audit the accounts of
all county officers, including magistrates, at such times as the board may designate.

1952 (47) 2096.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1695. Reports of claims paid.

The clerk to the board shall prepare, during the first week of each month, a

full statement of all claims paid during the preceding month, to be audited by the

board. The statement shall show the file number of the claim, the amount claimed,

the nature of the claim or services rendered, and the name of the claimant.

1952 (47) 2096.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pj> 2096 to 2100.

§ 14-1696. Maximum price of publications; alternative posting.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

§ 14-1697. Publication prerequisite to salary payment.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

45 Code of Laws of South Carolina, 1952 § 14-1710

§ 14-1698. Borrowing.

The board shall estimate quarterly the amount of money necessary to meet
claims against the county (in accordance with the appropriations made) for the
next ensuing quarter and shall not borrow at any one time an amount of money
in excess of the estimates. No loans shall be negotiated for any sum or sums of
money by any public officers or officers of the county except upon competitive
bids from reliable and responsible bidders, which bids shall be made after notice
being mailed to each bank or banking institution within the county. Any public
officer within the county who shall fail, refuse, or neglect to comply with the
terms and provisions of this section shall be guilty of misconduct in office and the
Governor, upon the fact being made known to him, shall remove the officer or
officers summarily from office.

1952 (47) 2096.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2096 to 2100.

Article 5.
Sinking Fund Commission.

§ 14-1701. Appointment of commission ; term.

The sinking fund commission of the county shall consist of three members to
be designated by the county board of directors. The three members so appointed
shall be men of substantial experience in the fields of business and finance. Their
terms of office shall be for four years, and they shall serve until their successors
have been appointed and qualified, the terms of the present members expiring
June 30 1953 at which time new members shall be appointed for a four year period.

1952 (47) 2096.

§ 14-1703. Commission to work under board.

The sinking fund commission shall exercise its powers subject to the supervi-
sion and control of the board. It shall report to the board at least once each year,
and oftener if so required by the board, all of its transactions and the securities ac-
quired and held by it and shall furnish such other information as may be required
by the board.

1952 (47) 2096.

§ 14-1705. Expenses.

The necessary expenses of the sinking fund commission for the purchase of
supplies or incurred in connection with the purchase of securities and the keeping
and maintenance of proper records and accounts may be paid by the commission out
of any income coming into the hands of the commission, provided that the total of
such expenses shall not exceed the sum of one hundred dollars per year, unless
specially authorized by the board.

1952 (47) 2096.

§ 14-1710. Sale or exchange of securities ; compromise of obligations, etc.

The commission may sell in the usual business channels, in such manner and
on such terms as to the members may seem best, any of the securities which may
be held by the commission from time to time and may accept for the securities so
sold an amount less than face or par value thereof, if in the judgment of the com-
mission that is the sound course to pursue in respect to the particular securities.
It may also exchange any securities in its hands for other securities of the same

§ 14-1710 1952 Supplement 46

obligors, even though the terms and rates of interest of the new securities may
be less favorable than those given in exchange, when in the judgment of the com-
mission this is the sound course to pursue. It may also compromise any obligation
due it or securities held by it and enter into any refunding or reorganization plan,
whether involving the substitution of securities or not, proposed by any obligor for
the purpose of adjusting, refunding or selling obligations held by the commission.
But in the exercise of any of the powers conferred by this section the members
of the commission shall act only by unanimous vote, except that when a majority
of the members of the commission favor the exercise of any power conferred by
this section, such power may be exercised by a majority of the members of the
commission upon the written approval of the board of directors.
1952 (47) 2096.

CHAPTER 37.
Greenville County.

Article 2.

County Board oj Commissioners.

§ 14-2066. General powers of board.

Cited. Beacham v. Greenville County, 218 S. C. 181; 62 S. E. (2d) 92, (1950).

CHAPTER 39.
Hampton County.

§ 14-2270. Treasurer receive salary in lieu of fees.

The county's share of the salary paid to the county treasurer shall be a sum
which, when added to the amount paid by the State, will total fifty-four hundred
dollars annually. The treasurer shall pay into the Hampton County treasury all
fees paid to him.

1952 (47) 1904.

CHAPTER 40.

Horry County.

Article 1.

General Provisions.

§ 14-2303.1. Issuance of receipts for moneys received.

Any person receiving any of the fees provided for by § 27-S01 of other county
monies shall execute receipts in triplicate. One copy shall be issued to the person
paying the fee or other money, one copy retained by the person receiving the money
and one copy placed in the hands of the county board of commissioners. Any person
receiving county monies shall turn over each week to the county board of commis-
sioners copies of all receipts issued by him during the preceding week.

1952 (47) 2156.

47 Code of Laws of South Carolina, 1952 § 14-3607

CHAPTER 43.
Lancaster County.

Article 1.
General Provisions.

§ 14-2564.1. Purchase and sale of real estate.

The board of directors may buy any real estate needed for county purposes. The
board may also sell any real estate belonging to the county, except school property,
when the property is no longer needed for county purposes. No purchase or sale
shall be made unless the written approval of the Senator and a majority of the
members of the House of Representatives from the county is first obtained.

1952 (47) 1876.

CHAPTER 54.
Richland County.

Article 1.
General Provisions.
§ 14-3201. Members of county board of commissioners.

The terms of office of the supervisor and commissioners, which began January 1
1951 shall continue until June 30 1955 and until their successors are elected and
qualify.

1952 (47) 1935.

CHAPTER 56.

Spartanburg County.

Article 1.
General Provisions.
§ 14-3307. Purchase of supplies ; etc.

Repealed by 1952 A. & J. R. (47 St. at L.) p 1694.

CHAPTER 60.
York County.

Article 1.
Supervisor and Commissioners.
§ 14-3607. Appointment of members of board; term and salary.

Appointment of the directors (when there ing from long-continued failure of a majori-

are no nominations by primary) shall be ty. including the Senator, of the Legislative

made by the Governor upon the recommen- Delegation to maWe recommendations,
dation by a majority of the legislative dele- Office of director shall be filled by execu-

gation, including the Senator. Bradford tive appointment of the Governor. Glas-

and Maloney, et al v. Byrnes, et al, 221 S. cock, et al v. Bradford, et al, 218 S. C. 458;

C. 255; 70 S. E. (2d) 228, (1952). 63 S. E. (2d) 166, (1951).

The Governor may fill vacancies result-

§ 15-1 1952 Supplement 48

Title 15.
Courts.

Chapter 3. The Circuit Courts, § 15-264.
4. The Probate Courts, § 15-444.
9.1. The Civil and Criminal Court of Darlington, § 15-1581.
10. The Civil Court of Florence, § 15-1602.1.

13. Stenographers, Auctioneers, Bailiffs and other Court Attaches, §
15-1913.

CHAPTER 1.
General Provisions.

§ 15-1. Definition of real property.

Cited. McDonald, et al v. Welborn, et al, 220 S. C. 10; 66 S. E. (2d) 327; (1951).

CHAPTER 2.
The Supreme Court.

Article 2.
Jurisdiction, Duties and Procedure.

§ 15-123. Appellate jurisdiction in law cases.

An intermediate order involving the mer- et al, 220 S. C. 356; 67 S. E. (2d) 677,
its is appealable before final judgment. (1951); Johnson v. Abney Mills, 219 S. C.
Cord v. Hines Construction Co., et al, 220 231; 64 S. E. (2d) 641, (1951); Crotts v.
S. C. 356; 67 S. E. (2d) 677, (1951). Fletcher Motor Co., 219 S. C. 204; 64 S. E.

Cited. Cord v. Hines Construction Co., (2d) 54, (1951).

CHAPTER 3.
The Circuit Courts.

Article 4.
Circuits and Terms of Court.

§ 15-264. Terms of court in third circuit.
******

(1) Clarendon County. — The court of general sessions for Clarendon County
shall be held at Manning on the fourth Monday in January, the third Monday in
June, and the second Monday in September, each for one week. The court of
common pleas for said county shall be held at Manning on the first Monday in
March for two weeks, the fourth Monday in April for one week and the third
Monday in October for two weeks.

(2) Lee County. — The court of general sessions for Lee County shall be held at
Bishopville on the first Monday in February for one week, on the second Monday
in June for one week, and on the first Tuesday after the first Monday in September
for one week. The court of common pleas for said county shall be held at the same
place on the fourth Monday in March for one week, the first Monday in May for
one week, the fourth Monday in September for one week and the fourth Monday in
November for two weeks. There shall be no jury trials at the summer term of ses-
sions court unless a majority of the Lee County Bar Association deems it advisable
and so notifies the judge of said circuit.

49 Code of Laws of South Carolina, 1952 § 15-764

(3) Sumter County. — The court of general sessions for the county of Sumter
shall be held at Sumter on the second Monday in February for two weeks, on the
third Monday in May for one week, on the the first Monday in November for
one week and on the third Monday in December for one week. The court of
common pleas for said county shall be held at the same place on the first Monday
in January for three weeks, on the first Monday in April for three weeks, on the
first Monday after the fourth Monday in September for two weeks, on the second
Monday in November for one week and on the second Monday in December for one
week.

1952 (47) 1939.

§ 15-286. Terms of court in fourteenth circuit.

******

(1) Allendale County, — The courts of general sessions for Allendale county
shall be held at Allendale on the third Monday in April, on the third Monday in
June and on the third Monday in October, each for one week. The court of common
pleas for said county shall be held at Allendale on the fourth Monday in April for
two weeks, and on the second Monday in November for one week. And in addition
to the terms of court of common pleas above provided for there shall be terms
of such court during each of the weeks in which there are fixed terms of court
for the court of general sessions, and immediately upon the conclusion of the
business of the court of general sessions such court shall open, and the petit jurors
drawn to serve in the court of general sessions shall serve as petit jurors in the
court of common pleas and at such terms any and all business may be transacted

as may be done at any other term of the court of common pleas.

******

1952 (47) 2035.

CHAPTER 4.

The Probate Courts.

Article 2.
Terms, Jurisdiction, Procedure, Etc.

§ 15-444. Jurisdiction of judges.

Every judge of probate, in his county, shall have jurisdiction in all matters tes-
tamentary and of administration, in business appertaining to minors, the allotment
of dower, and cases of mental incompetency.

1952 (47) 2042.

§ 15-461. Notice prior to discharge of administrators, etc. ; effect of dis-
charge.

Collateral attack on judgment of di<- Fouche, et al, v. Royal Indemnity Co. of
charge denied for failure of judgment roll N. Y., 217 S. C. 147; 60 S. E. (2d) 73,
to affirmatively show lack of jurisdiction. (1950).

CHAPTER 5.
The County Courts.

Article 5.

County Court of Richland County.

§ 15-764. Jurisdiction.

Cited. Evans v. Manning, 217 S. C. 10; v. Groover, et al, 219 S. C. 313; 65 S. E.
59 S. E. (2d) 341, (1950); DeTreville, et al. (2d) 232, (1951).

§ 15-768 1952 Supplement 50

§ 15-768. Powers of judge in open court or in chambers.

May grant bail hereunder. Evans v. Man- (1950).
ning, 217 S. C. 10; 59 S. E. (2d) 431,

§ 15-769. Habeas corpus and bail.

"Habeas corpus" should be given its ac- S. C. 10; 59 S. E. (2d) 431. (1950).
cepted meaning. Evans v. Manning, 217

CHAPTER 6.
Municipal Court.

Article 1.
Generally.
§ 15-915 Appeal to court of general sessions.

Cited. Town of North Augusta v. Fen- (1952).
nell, 221 S. C. 112; 69 S. E. (2d) 121,

CHAPTER 8.
Children's Courts.

Article 2.
Children's Court of Spartanburg County.
§ 15-1331. Establishment.

This section not in conflict with §§ 15- S C. 31; 64 S. E. (2d) 19, (1951).
1378 et seq. Driggers et Ux, v. Jolley, 219

Article 4.
Provisions Applicable to All Courts Established under Chapter.
§ 15-1382. Adoption.

Under this section consent in adoption And if such consent be given and should

proceedings, commenced in the Children's later be properly and legally withdrawn, the

Court of Spartanburg County, is made ab- court has no jurisdiction in the case. Drig-

solutely essential to confer jurisdiction on gers et Ux. v. Jolley, 219 S. C. 31; 64 S. E.

that court to make an order of adoption. (2d) 19, (1951).

CHAPTER 9.1.
The Civil and Criminal Court of Darlington

§ 15-1581. Establishment.

There is hereby established a civil and criminal court for Darlington County
except that portion of the county formerly known and designated as Pond Hollow
School District. The court shall be inferior to the circuit court.

1952 (47) 1982.

§ 15-1582. Appointment, term and oath of judge.

The Governor shall appoint a resident attorney at law of Darlington County as
judge of the civil and criminal court by and with the advice and consent of the
Senate. Upon his appointment he shall hold office for a term of four years, com-
mencing on July 1 of each presidential election year and until his successor shall be
appointed and qualifies. The judge before entering upon the duties of this office shall
take the same oath of office as required by law of all circuit judges and shall be
commissioned in the same manner as circuit judges.

1952 (47) 1982.

51 Code of Laws of South Carolina, 1952 § 15-1590

§ 15-1583. Powers and salary of judge.

He shall possess all the powers in respect to preserving order or punishing for
contempt of court as possessed by circuit judges except as provided in § 15-1592.1.
He shall not charge on the facts but shall declare the law only. His salary shall be
paid by the county in monthly installments.

1952 (47) 1982.

§ 15-1584. Office of judge; equipment and supplies.

The county governing body shall provide suitable office space in the courthouse
for the judge and all necessary office equipment and supplies.
1952 (47) 1982.

§ 15-1585. Judge may act as special referee.

The judge of the court may act as special referee in such matters as the circuit
court shall deem advisable to refer to him.

1952 (47) 1982.

§ 15-1586. Vacancy; special judge.

All vacancies in the office of the judge shall be filled by appointment for the un-
expired term by the Governor in the same manner as herein provided for the
appointment of the judge for the full term. In case of absence or inability of the
judge, at the time fixed for holding any term of court, the Governor, upon the
recommendation of the majority of the Darlington County Bar Association, may
appoint some other suitable and qualified attorney at law of the Darlington County
bar to hold the term of court as special judge.

1952 (47) 1982.

§15-1587. Clerk; record books.

The clerk of the circuit court shall be ex officio clerk of the court, and shall keep
such calendars, minutes and records and the cases pending, and attend and per-
form the duties as required of him by law as clerk of the circuit court. The costs
and fees of the clerk in cases in the court shall be the same as those allowed in
similar cases in the court of common pleas. The County governing body shall pro-
vide all books necessary for keeping records of the court.

1952 (47) 1982.

§ 15-1588. Duties of sheriff; fees.

The sheriff of the county shall attend upon all sessions of the court, and shall
execute the orders, writs and mandates as required by law of him in the circuit
court. The costs and fees of the sheriff in cases in the court shall be the same
as those allowed in similar cases in the court of common pleas.

1952 (47) 1982.

§ 15-1589. Bailiffs.

The judge may appoint a sufficient number of bailiffs, not to exceed two, to
attend upon the court, and to be subject to the orders thereof. The bailiffs shall
have the same power as the constables of the county and shall receive such com-
pensation as is received by bailiffs in the court of common pleas.

1952 (47) 1982.

§ 15-1590. Stenographer.

The judge shall appoint for the court an official stenographer.
1952 (47) 1982.

§ 15-1591 1952 Supplement 52

§ 15-1591. Court of record; seal; jurisdictional presumption.

The court shall be one of record except as provided in § 15-1592.1 and have a
seal inscribed with the words "Civil and Criminal Court of Darlington". The same
presumption in favor of its jurisdiction and the validity of its judgments and decrees
shall hold as in the case of judgments rendered by circuit courts.

1952 (47) 1982.

§ 15-1592. Civil jurisdiction.

The court shall have concurrent jurisdiction with the court of common pleas in
all civil cases and special proceedings, except cases at law where the amount de-
manded in the complaint exceeds one thousand dollars or when the value of the
property involved exceeds one thousand dollars, but such jurisdiction shall not
extend to cases where the title to real estate is in question. The court shall have
concurrent jurisdiction with the court of common pleas of the county in actions
relating to divorce from the bonds of matrimony and all matters affecting the
custody and maintenance of children.

1952 (47) 1982.

§ 15-1592.1. Concurrent jurisdiction with magistrates.

The court shall have concurrent jurisdiction with the courts of magistrates within
its jurisdictional boundaries and may try all causes botli criminal and civil formerly
triable by magistrates and in the same manner as to practice, procedure, and drawing
of jurors and their services. In all matters before the judge under this section,
his powers, duties and responsibilities shall be those of a magistrate. Appeals in
matters arising under this section shall be to the circuit court and in the same
manner as from the courts of magistrate.

1952 (47) 1982.

§ 15-1593. Jurisdiction of judge.

In all cases within the jurisdiction of the court and pending therein, the judge
shall have the same jurisdiction both in open court and at chambers, as is possessed
by circuit judges over cases pending in circuit courts over which they are presiding,
or in the circuits in which they are residents, except as provided in § 15-1592.1.

1952 (47) 1982.

§ 15-1594. General provisions applicable; entry of judgments.

All general laws and statutory provisions applicable generally to the circuit courts
and trial of cases therein, shall apply to the court and to the conduct and trial of
cases therein except as provided in § 15-1592.1 ; but any judgment rendered, other
than that upon the verdict of a jury, may be entered upon the day of such rendition.

1952 (47) 1982.

§ 15-1595. Terms.

The court shall be held at the discretion of the judge at such times as he may
deem necessary and continue for such time as is required to dispose of the business
before the court ; however, the court shall always be open for cases and hearings
such as can be disposed of without a jury.

1952 (47) 1982.

S3 Code of Laws of South Carolina, 1952 § 15-1599.2

§ 15-1596. Pleadings; procedure; practice; evidence.

The same form of pleadings and the same rules of procedure, practice and
evidence shall obtain in the court as is provided by law for the trial of civil cases
in the circuit courts, except as provided in § 15-1592.1.

1952 (47) 19S2.

§ 15-1597. Jury trial.

Either party may demand a jury trial in such cases in which a trial by jury
is granted as a right under the Constitution and laws of this State, but such demand
must be made on or before the first day of the term, or upon the call of the calendar
on the first day of the term, and the failure to make such demand shall be a waiver
of the right, where not inconsistent with this chapter.

1952 (47) 1982.

§ 15-1598. Jury commissioners.

The board of jury commissioners as constituted by law for the drawing of the
jurors for the circuit court shall constitute the board of jury commissioners for
the drawing of jurors to attend the sessions of the court except as provided in
§ 15-1592.1.

1952 (47) 1982.

§ 15-1599. Drawing and summoning jurors.

The commissioners shall, upon the order of the court at such times as shall be
fixed and after five days notice of such drawing, draw a panel of petit jurors from
the jury box, whether a jury has been previously drawn or not, and shall im-
mediately issue to the sheriff a venire containing the names of the persons drawn
as petit jurors, which venire shall be returnable at such times as may be named
by the court, and the persons so served shall be the jurors, and the law relating
to the qualification, drawing and summoning of jurors of the circuit court, shall
apply, except as otherwise provided in this section. Not more than eighteen persons
shall be drawn and summoned to attend at the same time at any session of the
court, unless the court shall order otherwise.

1952 (47) 1982.

§ 15-1599.1. Service as jurors; strikes.

Jurors drawn and summoned shall appear and attend upon the sessions of the
court for which summoned until excused or discharged by the judge. Service as
a juror in the court shall not be held to exempt a juror from service as such in
the circuit court in the same year, nor shall a juror be required to serve in such
court more than once in the same year.

The plaintiff and defendant in a cause shall, each, be allowed to strike three
jurors, from a panel of twelve to be prepared from the venire by the clerk so that
the number of jurors remaining shall be six who shall try the case or cause.

1952 (47) 1982.

§ 15-1599.2. Pay of jurors and witnesses.

Jurors in attendance shall receive as compensation for their services the same
per diem and mileage as is allowed jurors in the circuit court and witnesses in
attendance shall receive the same compensation as witnesses in attendance upon
the circuit court except as provided in § 15-1592.1.

1952 (47) 1982.

§ 15-1599.3 1952 Supplement 54

§ 15-1599.3. Appeal.

In all cases of which the court shall have jurisdiction except as provided in § 15-
1592.1, the right of appeal shall be to the circuit court, in the same manner and
pursuant to the same rules, practices and procedures as govern appeals from cir-
cuit courts, except that the record need not be printed.
1952 (47) 1982.

CHAPTER 10.
The Civil Court of Florence.
§ 15-1602.1. Salary.

The judge shall receive as compensation the sum of seventy-five hundred dollars
per annum, to be paid in monthly installments by the county treasurer upon the
warrant of the county governing body.
1952 (47) 2143.

CHAPTER 13.
Stenographers, Auctioneers, Bailiffs and Other Court Attaches.

Article 1.
Court Stenographers and Auctioneers.

§ 15-1913. Auctioneer of Pickens County.

The auctioneer for Pickens County shall be appointed by the Governor upon
the recommendation of a majority of the members of the county legislative delega-
tion, and shall serve for two years and until his successor shall have been appointed
as provided for herein. He shall act as auctioneer in all judicial sales, tax sales
or sales under levy and execution. He shall receive as compensation for his serv-
ices the sum of three dollars for conducting each sale, which shall be taxed as
other costs in the action or proceeding are taxed. In the event that the auctioneer is
disqualified or incapacitated to conduct any sale, he may designate some person to
act in his place and stead.

1952 (47) 2133.

Title 16.

Crimes and Offenses.

CHAPTER 2.
Offenses Against the Person.

Article 1.
Homicide.
§ 16-51. Murder denned.

Malice is an essential ingredient of mur- Self defense. State v. Griggs, 218 S. C.

der. In law, malice is a term of art, import- 86' 615 S. E. (2d) 653, 1950.

ing wickedness and excluding a just cause Insanity. State v. Gardner 219 S. C. 97;

of excuse. Malice need not exist for any 64 S. E. (2d) 130, (1951): State v. Lewis,

particular length of time prior to the killing. 71 S. C. 491; 71 S. E. (2d) 308. (1952).

State v. Harvey, 220 S. C. 506; 68 S. E. Confession. The State v. Harvey, 220

(2d) 409, (1951). S. C. 506; 68 S. E. (2,1) 409. (1951).

Unlawful act as primary cause of death. Res gestae. The State v. Cox, 221 S. C.

State v. Doe. 218 S. C. 520; '.3 S. E. (2d) 1; 68 S. E. (2d) 624, (1951).

3113. i 1951). State v. Rilev, 219 S. C. 112, Solicitor's remarks to jury. Id.

64 S I''.. (2d) 127 (1951). Evidence. The State v. Blassingame, 221

Defense of home. The State v. Jamison, S. C. 169; 69 S. E. (2d) 601, (1952).

221 S. C. 312: 70 S. E. (2d) 342, (1952). Circumstantial evidence. The State v.

55 Code of Laws of South Carolina, 1952 § 16-312

Smith, 220 S. C. 224; 67 S. E. (2d) 82, See Generally The State v. Green, 220 S.

(1951). C. 315; 67 S. E. (2d) 509, (1951).

Revelation by jury of its standing as to Stated. The State v. Harvey, 220 S. C.

possible verdicts. State v. Middleton, 218 506; 68 S. E. (2d) 509, (1951).
S. C. 452; 63 S. E. (2d) 163, (1951).

§ 16-55. Manslaughter.

Voluntary manslaughter is usually de- making a recommendation to him as to the

fined as the lawful killing of a human be- quantum of punishment to be imposed. The

ing in sudden heat of passion upon a suffi- State v. Green, 220 S. C. 315; 67 S. E. (2d)

cient legal provocation. Where death is 509, (1951).

caused by the use of a deadly weapon, Degree of negligence required to con-
words alone, however opprobrious, are not vict. State v. Barnett, 218 S. C. 415; 63 S.
sufficient to constitute a legal provocation. E. (2d) 57, (1951).

The State v. Harvey, 220 S. C. 506; 68 S. E. See Generally State v. Ramey, 217 S. C.

(2d) 409, (1951). " 132; 60 S. E. (2d) 66, (1950); State v.

Duty when judge's charge incomplete. Gardner, 219 S. C. 97; 64 S. E. (2d) 130,

State v. Napier, 220 S. C. 320; 62 S. E. (1951-.

(2d) 793, (1950). Cited. State v. Barnett, 218 S. C. 415;

It is error for judge to request jury to 63 S. E. (2d) 57, (1951).
return to jury room for the purpose of

Article 4.

Rape, Abortion, etc.

§ 16-71. Rape.

Emission is not necessary to be proven. Circumstantial evidence. State v. Wil-

The State v. Wvatt, 221 S. C. 407; 70 S. E. kins, 217 S. C. 105; 59 S. E. (2d) 853,
(2d) 635, (1952). (1950).

§ 16-72. Punishment for rape or assault with intent to ravish.

Facts to sufficiently convict. State v. (1950).
Wilkins, 217 S. C. 105; 59 S. E. (2d) 853,

§ 16-82. Death resulting from abortion.

Cited. Evans v. Manning, 217 S. C. 10; 59 S. E. (2d) 341, (1950).

CHAPTER 3.
Offenses Against the Peace.

Article 4.
Other Offenses Connected until JVcapons.
§ 16-141. Pointing pistol or gun at any person.

Cited. Hendrix v. Employers Mut. Lia- plovers Mutual Liability Ins. Co. of Wis.
bility Ins. Co., 98 F. Supp. 84 (1951); Em- v. Hendrix, 199 F. 2d 53, (1952).

CHAPTER 5.
Offenses Against Property.

Article 1.
General Provisions.

§ 16-302. Making, mending or possessing tools, etc., to be employed in crime.
Cited. The State v. Nicholson, 221 S. C. 472; 71 S. E. (2d) 306, (1952).

Article 2.
Arson and Other Offenses Involving Fire.

§ 16-312. Burning building not subject of arson.

It is not necessary that an indictment ex- apply. The State v. Blackwell, et al, 220
pressly_ charge conspiracy in order that S. C. 342; 67 S. E. (2d) 634, (1951).
this principle of the law of evidence shall

§ 16-332 1952 Supplement 56

Article 3.
Burglary, Housebreaking, Robbery, etc.
§ 16-332. Housebreaking which is not burglary.

This section creates two distinct and dif- indictment, the solicitor may be required to

ferent offenses, though both belong to the elect upon which he will go to trial. The

same class of felonies, and are punishable State v. Sweat, et al, 221 S. C. 270; 70 S. E.

in the same way; and where both offenses (2d) 234, (1952).
are charged in separate counts in the same

Article 4.
Forgery, Larceny, Embezzlement, Obtaining Money Under False Pretenses, etc.
§ 16-362. Receiving stolen goods.

The buying or receiving of stolen goods commits larceny cannot be adjudged guilty

knowing the same to have been stolen, is of criminally receiving the property stolen,

a separate substantive offense under this The State v. Sweat, et al, 221 S. C. 270; 70

section. It is an accepted rule that one who S. E. (2d) 234, (1952).

CHAPTER 6.
Habeas Corpus.

§ 16-364. Person discharged not to be re-arrested, etc. ; penalty for so doing.

Stated. The State v. Clough, 220 S. C. 390; 68 S. E. (2d) 329, (1951).

CHAPTER 7.
Offenses Against Public Policy.

Article 1.
Gambling, Lotteries, etc.
§ 16-501. Setting up lotteries.

Cited as to penalty. The State v. Fergu- Cited. State v. Mclntire et al, 221 S. C.

son, et al, 221 S. C. 300; 70 S. E. (2d) 355, 504; 71 S. E. (2d) 410, (1952).
(1952).

Title 17.
Criminal Procedure.

CHAPTER 6.
Habeas Corpus.
§ 17-361. Notice to be given to attorney general, etc.

Cited. State v. Wilson, 219 S. C. 139; 64 S. E. (2d) 400.

CHAPTER 7.
Indictments.

§ 17-402. What allegations sufficient for indictment.

Cited. State v. Mclntire, 221 S. C. 504; 71 S. E. (2d) 410, (1952).

§ 17-409. How defects in indictments may be objected to.

The proper time to raise objections here- tion to quash the indictment. The State v.
under is prior to the swearing of the jury, McAbee, 220 S. C. 272; 67 S. E. (2d) 417,
objection to be taken by demurrer or mo- (1951).

§ 17-410. Amendments of indictments.

Applied. The State v. Sweat, et al, 221 S. C. 270; 70 S. E. (2d) 234, (1952).

57 Code of Laws of South Carolina, 1952 § 1S-71

CHAPTER 8.
Venue
§ 17-

Where a person is injured in one county take to fix exclusive jurisdiction in either

and dies in another, the person inflicting county. The State v. Howell, 220 S. C.

such injury may be indicted and tried in 178; 66 S. E. (2d) 701, (1951).
either county. This section does not under-

CHAPTER 9.
Pleading and Trial.

§ 17-513.1. Examination of witness concerning written statement made to
public employee.

No witness in any preliminary hearing or in any criminal judicial proceeding of
any kind or nature shall be examined or cross-examined by any examiner, solicitor,
lawyer or prosecuting officer concerning a written statement formerly made and
given to any person employed by this State, or any county or municipality thereof,
or any part of any such governing body, unless (a) it is first shown that at the
time of the making of the statement the witness was given an exact copy of the
statement and (b) before his examination or cross-examination the witness was
given a copy of the statement and allowed a reasonable time in which to read it.

1952 (47) 1977.

See §§ 1-65 and § 26-7.1.

CHAPTER 10.
Judgment and Execution

§ 17-553. Sentence where no punishment is provided.

Applied. The State v. Ferguson, et al, Stated. State v. Mclntire, 221 S. C. 504;

221 S. C. 300; 70 S. E. (2d) 355, (1952). 71 S. E. (2d) 410, (1952).

Title 18.
Dams and Drains; Sanitary and Drainage Commissions and Districts.

Chapter 1. Dams, § 18.8.

2. Rights of Way for Drainage, § 18-71.

CHAPTER 1.
Dams.

§ 18-8. Same; exceptions for Florence and Pickens Counties.

In Florence and Pickens Counties the powers conferred by § 18-7 shall apply
only to millponds and dams.

1952 (47) 2000.

CHAPTER 2.

Rights of Way for Drainage.

Article 2.

Commissioners of Drainage and Health in Certain Counties.

§ 18-71. Commissioners of health and drainage in certain counties.

The governing body of the counties of Abbeville, Beaufort, Chester, Colleton,
Dillon, Florence, Greenville, Horry, Laurens, Marion, Marlboro, Oconee, Pickens,

§ 18-71 1952 Supplement 58

Spartanburg, Union and York, respectively, may, in addition to the duties other-
wise imposed on it by law, act as commissioners of health and drainage.
1952 (47) 2000.

Title 19.

Decedents' Estates.

Chapter 3. Dower, Curtesy and Jointure, § 19-146.

6. Personal Representatives and Administration of Estates, § 19-483.

CHAPTER 2.
Descent and Distribution.
§ 19-52. Distribution of property in case of intestacy.

Under (6) relatives more remote than the half hlood, except in the specific in-

children of deceased uncles or aunts are ex- stances enumerated. Kinard, Admx. v.

eluded. Kinard, Admx. v. Moore, et al, 220 Moore, et al, 220 S. C. 376; 68 S. E. (2d)

S. C. 376: 68 S. E. (2d) 321. (1951). 321. (1951).

There is no postponement of relatives of

CHAPTER 3.
Dower, Curtesy and Jointure.

Article 4.
Barring Dower oj Insane Wije.

§ 19-146. Proceedings as to certain old deeds to bar dower.

For the purpose of divesting the rights of dower, now outstanding in real estate
granted, sold, aliened, mortgaged or otherwise incumbered prior to December 23
1885 of the mentally incompetent wife of any married man, the procedure outlined
in §§ 19-141 to 19-143 shall be followed. In case of the loss of the original deed
the certificate by the probate judge shall be indorsed across the record in the office
where the original was recorded.

1952 (47) 2042.

CHAPTER 4.

Wills.

Article 3.
Construction and Effect.

§ 19-231. Property acquired after execution of will.

Cited. Cornelson, et al v. Vance, et al, 220 S. C. 47; 66 S. E. (2d) 421, (1951).

§ 19-286. Foreign probates admitted to probate upon exemplification.

This statute authorizes any interested state, that if a foreign will has been proved

party, under proper circumstances, to con- in solemn form in the courts of decedent's

test the validity of a foreign will admitted domicile, such an adjudication w-ould be

to probate in common form in this state conclusive here. Ibid.

even though the property situated in this Where there is a contest as to the validity

State consists only of personalty. Collins of a will transmitting personal property Io-

et al, v. Collins et al, 219 S. C. 1 ; 63 S. E. cated in two or more states, the courts in

(2d) 811. the ancillary jurisdiction should stay any

The courts of this state do not have jur- proceedings instituted there affecting the

isdiction to determine the validity of a for- validity of the instrument until the courts of

eign will in so far as it relates to personal the domiciliary jurisdiction have had a rea-

property located in the state of the testa- sonable opportunity to determine the ques-

tor's domicile. Id. tion, particularly where a similar rule is

The statute clearly contemplates, certain- followed by the courts of the testator's

ly as to personal property situated in this domicile. Ibid.

59 Code of Laws of South Carolina, 1952 § 20-30

CHAPTER 6.
Personal Representatives and Administration of Estates.

Article 4.
Payment or Compromise of Debts.

§ 19-483. Limitation of suits on disallowed claims.

When any claim against the estate of a decedent has been or shall be filed ( 1 ) in
the probate court in which such estate is being administered or (2) with the execu-
tor or administrator of such estate ; and such claimant, or his attorney who filed
such claim, shall have received notice in writing, either from (a) such probate
court that such claim has been disallowed or (b) the executor or administrator of
such estate, or the attorney for such executor or administrator, that such claim
is denied and will be contested ; then such claim shall be forever barred unless within
six months after receipt of such notice action shall be brought to enforce such claim.

1952 (47) 2147.

Article 10.

Nonresidents as Representatives; Foreign Representative.

§ 19-591. Requirements for nonresident to act as representative; foreign
testamentary trustee.

Nonresident administrator of resident es- purpose of diversity jurisdiction. Mason v.
tate cannot be considered a resident for Helms, et al, 97 F. Supp. 312 (1951).

Title 20.
Domestic Relations.

Chapter 1. Marriage, § 20-28.
2. Divorce, §20-101.
4. Custody, Care and Support, § 20-301.

CHAPTER 1.
Marriage.

Article 2.
Marriage License.
§ 20-23. Issue of license.

Variation of license fee in a county. Dil- Cited. Baker v. Allen, et al, 220 S. C.

Ion County v. Maryland Cas. Co., et al, 217 141; 66 S. E. (2d) 618, (1951).
S. C. 66; 59 S. E. (2d) 640, (1950).

§ 20-28. Probate judge to keep record; certified copies.

See § 44-660 for free certified copy.

§ 20-30. Special provisions for Dillon County.

Section held not unconstitutional. Dillon Casualty Co., et al, 220 S. C. 204; 67 S. E.

Countv v. Maryland Cas. Co., et al, 217 (2d) 306, (1951).

S. C. 66; 59 S. E. (2d) 640, (1950). Cited. Baker v. Allen, et al. 220 S. C.

Cited. County of Dillon v. Maryland 141; 66 S. E. (2d) 61S, (1951).

3 20-101 1952 Supplement 60

CHAPTER 2.
Divorce.

Article 1.
Divorces in this State.
§ 20-101. Grounds for divorce.

No divorce from the bonds of matrimony shall be granted except upon one or
more of the following grounds :

(1) Adultery;

(2) Desertion for a period of one year ;

(3) Physical cruelty; or

(4) Habitual drunkenness ; provided, that this ground shall be construed to in-
clude habitual drunkenness caused by the use of any narcotic drug.

1952 (47) 2142.

See notes under Art , § . . . ., State Departure of spouse on mutual agreement

Constitution. is not desertion.

Desertion. Wolfe v. Wolfe, 220 S. C. Cohabitation terminates desertion. Id.

437; 68 S. E. (2d) 348, (1951); Machado v. Machado v. Machado, 220 S. C. 90; 66
Machado, 220 S. C. 90; 66 S. E. (2d) 629, S. E. (2d) 629, (1951).
(1951).

§ 20-106. Venue.

A divorce action may be brought in the Thomas, 218 S. C. 235; 62 S. E. (2d) 307,
county in which the parties last resided to- (1950).
gether as husband and wife. Thomas v.

§ 20-112. Alimony; suit money.

Allowance of temporary alimony and C. 391; 70 S. E. (2d) 625, (1952).
counsel fees. Poliakoff v. Poliakoff, 221 S.

§ 20-113. Award of alimony, etc.

This section does not abrogate or impair Machado v. Machado, 220 S. C. 90; 66 S. E.
the original inherent power of equity to (2d) 629, (1951).
grant alimony independent of a divorce.

§ 20-113.1. Allowance of alimony and suit money in divorce actions a mensa
et thoro.

Separate maintenance may be granted Cited. Machado v. Machado, 220 S. C.

when divorce is denied. Machado v. Macha- 90; 66 S. E. (2d) 629, (1951).
do, 220 S. C. 90; 66 S. E. (2d) 629, (1951).

§ 20-115. Care, custody and maintenance of children.

Applied. Wolfe v. Wolfe, 220 S. C. 437; (1952).
68 S. E. (2d) 348, (1951); Poliakoff v. Poli- Applied. Machado v. Machado, 220 S. C.

akoff, 221 S. C. 391; 70 S. E. (2d) 625, 90; 66 S. E. (2d) 629, (1951).

CHAPTER 4.
Custody, Care and Support.

Article 1.
General Provisions

§ 20-301. Ill-treating children, apprentices, etc.

Whoever, being legally liable, either as parent, guardian, master or mistress, to
provide for any child, apprentice, servant, mentally incompetent or helpless person
necessary food, clothing, lodging, medical treatment or other treatment as recog-
nized by § 56-1354 shall wilfully and without lawful excuse refuse or neglect to
provide for the same or shall unlawfully and maliciously do or cause to be done any

61 Code of Laws of South Carolina, 1952 § 20-203

bodily harm to any such child, apprentice, servant, mentally incompetent or helpless
person so that the life of such child, apprentice, servant, mentally incompetent or
helpless person shall be endangered or the health or comfort of such child, ap-
prentice, servant, mentally incompetent or helpless person shall have been or is
likly to be permanently injured shall be guilty of a misdemeanor and, upon con-
viction thereof, shall be fined not less than two hundred dollars or imprisoned for
not exceeding two years, with or without hard labor, one or both, at the discretion
of the court.
1952 (47) 2042.

§ 20-303. Husband's obligation to support wife and children.

This section was intended, to protect a there is a minor unmarried child or children

childless wife, and if there were children of is but one offense under the statute, and

the marriage, the wife and such child or only one sentence can be imposed. The

children. The State v. Caldwell, 220 S. C. State v. Caldwll, 220 S. C. 301; 67 S. E.

301; 67 S. E. (2d) 421, (1951). (2d) 421, (1951).

Whether a defendant fails to furnish the State v. Coins, 122 S. C. 192; 115 S. E.

necessaries of life to either his wife if she (2d) 232, upheld in State v. Sutherland, 217

be living or to his minor unmarried child S. C. 259; 60 S. E. (2d) 591, (1950).
or children or both if the wife be living and

Title 21.
Education.

Chapter 5. County Boards of Education, § 21-101a.

6. School Districts, § 21-131.

12. Textbooks, § 21-593.

14. Pupils, § 21-838.1.

15. Financial Matters, § 21-915.

16. Abbeville County, § 21-1011.

17. Aiken County, § 21-1031.

18. Allendale County, § 21-1101.

19. Anderson County, § 21-1152.
21. Barnwell County, § 21-1351.

23. Berkeley County, § 21-1453.

24. Calhoun County, § 21-1549.

25. Charleston County, § 21-1636.1.

26. Cherokee County, § 21-1703.

28. Chesterfield County, § 21-1882.1.

30. Colleton County, § 21-2179.1.

31. Darlington County, § 21-2254.1.

32. Dillon County, § 21-2401.

35. Fairfield County, § 21-2578.

36. Florence County, § 21-2651.

38. Greenville County, § 21-2821.

39. Greenwood County, § 21-2901.

41. Horry County, § 21-3031.

42. Jasper County, § 21-3101.

43. Kershaw County, § 21-3151.

44. Lancaster County, § 21-3201.

45. Laurens County, § 21-3307.

46. Lee County, § 21-3351.

§ 21-43 1952 Supplement 62

47. Lexington County, § 21-3401.

51. Newberry County, § 21-3599.

52. Oconee County, § 21-3662.

53. Orangeburg County, § 21-3707.

54. Pickens County, § 21-3791.

55. Richland County, § 21-3881.

56. Saluda County, § 21-3961.

57. Spartanburg County, § 21-4001.

58. Sumter County, § 21-4059.

59. Union County, § 21-4151.

60. Williamsburg County, § 21-4201.

CHAPTER 3.
State Board of Education.
§ 21-43. Meetings of Board.

Quorum required to transact business. Board of Education, 218 S. C. 322; 62 S. E.

Pettiford v. South Carolina State Board of (2d) 780, (1950).

Education, 218 S. C. 322; 62 S. E. (2d) 780, Board may consider and act on testimony

(1950). which was taken by certain of its members

Delegation of the taking and reporting of not constituting a quorum under a delega-

testimony to members not constituting a tion of its power. Pettiford v. South Caro-

quorum is not an unlawful delegation of Una State Board of Education, 218 S. C.

power. Pettiford v. South Carolina State 322; 62 S. E. (2d) 780, (1950).

§ 21-45. General powers of Board.

State Board of Education may grant Board of Education, 218 S. C. 322; 62 S. E.
teacher's certificate and revoke them for (2d) 780, (1950).
cause. Pettiford v. South Carolina State

CHAPTER 3.1.
State Educational Finance Commission.

§ 21-52. Establishment.

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951).
Roddey v. Byrnes, Governor, et al, 219 S.

CHAPTER 5.
County Boards of Education.

§ 21-101. Appointment and term.

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951).
Roddey v. Byrnes, Governor, et al, 219 S.

§ 21-101a. Eligibility of school employees to be member.

No employee of a public school system other than the county superintendent
of education shall be eligible to serve as a member of a county board of education.

1953 (48)

CHAPTER 6.

School Districts.

Article 2. Article 4.

School District No. 47, Aiken and Orange- School District No. 10, Beaufort and Jasper

burg Counties, § 21-131. Counties.

Article 3. Article 5.

Gantt School District, Anderson and Green- Kershaw School District, § 21-197.

ville Counties, § 21-141.

63 Code of Laws of South Carolina, 1952 § 21-271

Article 2.
School District No. 47, Aiken and Orangeburg Counties.
§ 21-131. Right to portion of Orangeburg County tax.

Superseded by order of State Educational Finance Commission.
Article 3.
Gantt School District, Anderson and Greenville Counties.
§ 21-141. Administration.

Superseded by order of State Educational Finance Commission.

§ 21-142. Tax levy.

Superseded by order of State Educational Finance Commission.
Article 4.
School District No. 10, Beaufort and Jasper Counties.
§ 21-151. Formation.

Superseded by order of State Educational Finance Commission.

§ 21-152. Trustees.

Superseded by order of State Educational Finance Commission.

§ 21-153. Expense of operation.

Superseded by order of State Educational Finance Commission.

§ 21-154. Dissolution.

Superseded by order of State Educational Finance Commission.

Article 5.
Kershaw High School District.
§ 21-197. Trustees.

Superseded by order of State Educational Finance Commission.

CHAPTER 7.
School Trustees.
§ 21-230. General powers and duties of school trustees.

School trustees cannot lease or permit during the school term. Carter, et al v.
use of school athletic field for playing of Lake City Baseball Club. Inc., et al, 218
professional or semi-professional baseball S. C. 255: 62 S. E. (2d) 470, (1950).

CHAPTER 8.
State Aid for Schools.

Article 1.
Teachers' Salaries and Overhead.

§ 21-257. Aid distributed monthly for teachers holding certificates.

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951).
Roddey v. Byrnes, Governor, et al, 219 S.

Article 2.
For School Facilities.

§ 21-271. Definition of capital improvement.

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951).
Roddey v. Byrnes, Governor, et al, 219 S.

§ 21-289 1952 Supplement 64

§ 21-289. Advances for capital improvements.

Constitutional. State of S. C. Ex Re!. C. 485; 66 S. E. (2d) 33, (1951).
Roddey v. Byrnes, Governor, et al, '219 S.

CHAPTER 14.
Pupils

Article 1.
General Provisions.

§ 21-751. Mixed schools unlawful.

This section is not violative of the Four- and U. S. 72 S. Ct. 327 (1952),

teenth Amendment to the U. S. Constitu- and U. S. 73 S. Ct. 1 (1952).

tion. Briggs v. Elliott, 98 F. Supp. 529 and U. S. 73 S. Ct. 1 (1952).

(1951), same case 103 F. Supp. 920, (1952),

CHAPTER 12.

Textbooks.

Article 9.
School District No. 2, Sumter County.
§ 21-593. Textbooks ; rent or sell ; titles use.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section.

§ 21-593.1. Rental or purchase of textbooks by board.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section.

§ 21-593.2. Rules and regulations.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section.

§ 21-593.3. School employees cooperate.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section.

CHAPTER 14.
Pupils.

Article 3.1.
Transportation by State or State aid for Transportation.

§ 21-833. Control by Commission.

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951).
Roddey v. Byrnes, Governor, et al, 219 S.

§ 21-838.1. Special arrangements for transportation of pupils living in iso-
lated areas.

The Commission may enter into agreements with county boards of education
whereby pupils living in isolated areas may be transported by special arrange-
ments when such transportation can be provided at lower cost than by operating
a regular bus route.

1953 (48) _

Article 4.

Enrollment and Transfer of Pupils.

§ 21-852. When payment of tuition, etc., may not be required.

Constitutional. Mosely v. Welch et al, Mosely v. Welch et al, 218 S. C. 242; 62
218 S. C. 242; 62 S. E. (2d) 313, (1950). S. E. (2d) 313, (1950).

"School district adjoining" construed.

65 Code of Laws of South Carolina, 1952 § 21-1031

CHAPTER 15.
Financial Matters
Article 2. Article 4.

School Taxes Generally, § 21-915. Claims Against School Funds, § 21-953.1.

Article 2.
School Taxes Generally.

§ 21-915. Same ; petition in Laurens and Williamsburg Counties.

In Laurens and Williamsburg Counties the elections provided for in § 21-914
shall be ordered by the county board of education upon the petition of the trustees
of any school district in the counties.

1952 (47) 1842.

§ 21-916. Same ; maximum rate in Horry County.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909.

§ 21-921. Same; exception in Horry County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to. 1909.

§ 21-933. Reductions in Greenville County.

Repealed by 1952 Acts and Joint Resolutions (47 Statutes at Large) pages 2088 to 2091.

Article 4.
Claims against School Funds.
§ 21-953.1. Same; Laurens County School District No. 55.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2100 and 2101 make up this section.
Article 6.
State School Bonds.

§ 21-995. Authority to isssue.

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951).
Roddcy v. Byrnes, Governor et al, 219 S.

CHAPTER 16.
Abbeville County.
§ 21-1011. Trustees, School District No. 60.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1702 and 1703 make up this section.

CHAPTER 17.
Aiken County

Article 1. Article 4.

County Board of Education, § 21-1031. School Districts and School Trustees,

Article 3. § 21-1061.

Disbursements, Budgets and Levies Article 5.

§ 21-1053 Aiken School District No. 1, § 21-1081.

Article 1.
County Board oj Education.
§ 21-1031. Composition.

All school districts were consolidated into one district.

§ 21-1035.1 1952 Supplement 66

§ 21-1035.1. Act as school trustees.

The county board of education shall, ex officio, be and constitute the board of
school trustees. Also all duties, powers and functions of the district boards of trus-
tees are hereby devolved upon the county board of education.

1952 (47) 2101.

§ 21-1035.2. Borrow.

The county board of education may also issue short-term notes in anticipation of
federal aid, state aid or taxes.
1952 (47) 2101.

§ 21-1039. Area boards of education.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103 make up this section.

§ 21-1040. Attendance area budgets ; powers of area boards.

Provisions from 1952 A. & J. R. (47 St. at L ) pp 2101 to 2103 make up this section.

Article 3.
Disbursements, Budgets and Levies.

§ 21-1053. Special taxes to provide extra funds for school districts.

Superseded by order of State Educational Finance Commission.

§ 21-1054. Credits to school districts.

Superseded by order of State Educational Finance Commission.

§ 21-1055. Disbursements.

See §§ 1039 and 1040.

Article 4.

School Districts and School Trustees.
§ 21-1061. Nine school districts.

Superseded by order of State Educational Finance Commission.

§ 21-1062. Added territory to bear proportion of bond tax.

Superseded by order of State Educational Finance Commission.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103.

§ 21-1063. Appointment and term of trustees for districts.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103.

§ 21-1064. Election of trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103.

§ 21-1065. Removal of trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103.

§ 21-1066. Residence of trustees.

Repealed by 1952 A. & J. R (47 St. at L.) pp 2101 to 2103.

§ 21-1067. Duties of boards of school trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103.

§ 21-1068. Special provisions for certain schools.

See § 21-1035.1.

§ 21-1069. Straightening lines of school districts.

Superseded by order of State Educational Finance Commission.

67 Code of Laws of South Carolina, 1952 § 21-1105

Article 5.
Aiken School District No. 1.

§ 21-1081. Organization; rules and regulations.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 210J.

§ 21-1082. Free schools ; nonresident pupils.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103.

§ 21-1083. Borrowing.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103.

§ 21-1084. Budgets.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103.

§ 21-1085. Funds of district; warrants.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2101 to 2103.

§ 21-1086. Trustees may declare teacher or employee secondary.

See § 21-1035.1.

Superseded by order of State Educational Finance Commission.

§ 21-1087. Secondary teachers or employees to remain such for life.

Superseded by order of State Educational Finance Commission.

§ 21-1088. Pay of secondary teacher or employee.

Superseded by order of State Educational Finance Commission.

CHAPTER 18.
Allendale County.
Article 1. Article 2.

General Provisions, § 21-1101. Borrowing from Federal Agencies,

§ 21-1121.
Article 1.

General Provisions.
§ 21-1101. Calling meeting for election of trustees.

Superseded by order of State Educational Finance Commission.

§ 21-1102. Conduct of meeting.

Superseded by order of State Educational Finance Commission.

§ 21-1103. Appointment of nominees.

Superseded by order of State Educational Finance Commission.

§ 21-1104. Vacancies.

Superseded by order of State Educational Finance Commission.

§ 21-1105. School district budgets.

On or before the fifteenth day of March of each year, the trustees of each school
district shall prepare and file with the county board of education an estimate, in
itemized form, of the sums of money needed, in their judgment, for the maintenance
and operation of the schools in their district for the ensuing scholastic year. If any
board of trustees fail to prepare and file a budgetary statement of the sum of money
needed for the schools in its district, the county board of education shall prepare and
file such statement.

1952 (47) 2092.

Former section repealed by 1952 A. & J. R. (47 St. at L.) p 2092.

§ 21-1106 1952 Supplement 68

§ 21-1106. County board report thereon to legislative delegation.

Upon the filing of such budgetary statement, the county board of education
shall consider and review the same, and file with the legislative delegation of the
county, on or before the first of April next thereafter, a report setting forth its
determination as to the needs of the schools for the purposes aforementioned.
Such report shall show all anticipated revenues for maintenance and operating ex-
penses, other than a property tax, and the amount of the levies on the property
in the respective districts necessary to raise the needed amounts. At the same time,
the board shall file a copy of its report with the auditor of the county. All such
reports shall be filed and kept as permanent records in the office of the county
superintendent of education.

1952 (47) 2092.

§ 21-1106.1. Tax levies.

Upon consideration thereof, the legislative delegation shall authorize the ad
valorem tax found necessary in its judgment. Thereafter it shall become the duty
of the county auditor to levy and the county treasurer to collect a tax on all of the
property in the respective school districts sufficient to meet the needs of the schools,
as herein provided.

1952 (47) 2092.

§ 21-1107. Use of surplus in current operating account for bonds or interest.

Allendale County now has only one district.

§ 21-1108. Use of surplus for other purposes.

Allendale County now has only one district.

§ 21-1109. Investment of funds.

Allendale County now has only one district.

Article 2.
Borrowing from Federal Agencies.
§ 21-1121. Authorization.

Allendale County now has only one district.

CHAPTER 19.
Anderson County.

Article 1. Article 4.

County Board and County Superintendent, Elections, § 21-1215.

§ 21-1152. Article 5.

Article 2. Financial Matters Generally, § 21-1224.

School Districts; Attendance; Tuition; Article 6.

Facilities, § 21-1171. Sinking Fund Commission for School Dis-

Article 3. tricts, § 21-1236.
Boards of Trustees, § 21-1192.

Article 1.

County Board and County Superintendent.

§ 21-1152. Board members serve without pay.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1910 and 1911.

§ 21-1159. Election on school district consolidation.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1915 and 1916 make up this section.

69 Code of Laws of South Carolina, 1952 § 21-1194

Article 2.
School Districts; Attendance; Tuition; Facilities.
§ 21-1171. High school districts.

Superseded by order of State Educational Finance Commission.
Anderson County now has only five districts.

§ 21-1172. Board may renumber districts.

Supersed by order of State Educational Finance Commission.

§ 21-1174. Consolidation of school district with high school district.

Superseded by order of State Educational Finance Commission.

§ 21-1175. Common school district ceases on being consolidated.

Superseded by order of State Educational Finance Commission.

§ 21-1176. Pupils of certain districts to attend certain high schools.

Superseded by order of State Educational Finance Commission.

§ 21-1177. Same; exception.

Superseded by order of State Educational Finance Commission.

§ 21-1178. Tuition school districts to pay high school district for high school
pupils.

Superseded by order of State Educational Finance Commission.

§ 21-1179. Tuition high school pupil to pay to attend school of his choice.

Superseded by order of State Educational Finance Commission.

Article 3.
Boards of Trustees.
§ 21-1192. Appointment.

The boards of trustees of the school districts shall be appointed by the county
board of education.
1952 (47) 2088.

§ 21-1193. Number.

Such boards shall be constituted as follows :

In those districts having a total enrollment in all elementary schools and high
schools within the district of less than three thousand pupils, the board shall con-
sist of five members ;

In those districts having a total enrollment in such schools within the district
of three thousand pupils or more, but less than six thousand pupils, the board
shall consist of seven members ;

In those districts having an enrollment in such schools within the district of
six thousand pupils or more, the board shall consist of nine members.

1952 (47) 2088.

Former section repealed by 1952 A. & J. R. (47 St. at L.) p. 2088.

§ 21-1194. Terms of incumbents ; election.

Those trustees elected pursuant to the terms of law shall remain in office until
the consolidation of the school districts of the county ; after which new trustees for
the new district or districts shall be appointed as provided for herein. Provided,
that on petition of one-third of the qualified electors of the school district, the
county board of education shall call an election for trustees.

1952 (47) 2088.

Former section repealed by 1952 A. & J. R. (47 St. at L. p 2088.

§ 21-1195 1952 Supplement 70

§ 21-1195. Election of common school trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) p 2088.

§ 21-1196. Qualification of trustees.

Superseded in part by order of State Educational Finance Commission. Remainder
covered in general law.

§ 21-1197. Boards to elect chairmen.

Superseded in part by order of State Educational Finance Commission. Remainder
covered in general law.

§ 21-1198. Vacancies in boards of trustees.

Superseded in part by order of State Educational Finance Commission. Remainder
covered in general law.

Article 4.

Elections.
§ 21-1215. Payment of election expenses.

All but first sentence superseded by order of State Educational Finance Commission.
Article 5.
Financial Matters Generally.

§ 21-1224. Levy in Anderson County for high school districts caring for in-
dependent district pupils.

Superseded by order of State Educational Finance Commission.

§ 21-1225. Collection of taxes under § 21-1223.

Reference to § 21-1224 void as said section superseded.

§ 21-1226. Additional levy in Piedmont School District No. 23.

Superseded by order of State Educational Finance Commission.

Article 6.
Sinking Fund Commission for School Districts.
§ 21-1236. School District No. 17 exempted.

Superseded by order of State Educational Finance Commission.

CHAPTER 21.
Barnwell County.
§ 21-1351. Election of trustees now chosen otherwise than by election; excep-
tion for District No. 45.

* * * Provided, that all trustees of Barnwell School District No. 45 shall
be appointed by the county board of education.
1952 (47) 1845.

CHAPTER 23.

Berkeley County.

Article 1. Article 5.

General Provisions, § 21-1453. Cross High School District, § 21-1501.

Article 2. Article 6.

Election of School Trustees, § 21-1471. Macedonia High School District, § 21-1511.

Article 3. Article 7.

Trustees in Certain Districts, § 21-1481. St. Stephens High School District,

Article 4. § 21-1521.

Bonneau High School District, § 21-1491. Article 8.

School District No. 26, § 21-1531.

71 Code of Laws of South Carolina, 1952 § 21-1492

Article 1.
General Provisions.
§ 21-1453. Attendance areas.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152 make up this section.
§ 21-1454. Employment of teachers and other employees.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

§ 21-1455. Trustees for areas; appointment; terms.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152 make up this section.

§ 21-1456. Contracts of teachers et al.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

§ 21-1457. Budgets; tax levies.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152 make up this section.

§ 21-1459. Enrollment of school children.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.
§ 21-1461. School budgets.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

§ 21-1462. Annual tax.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

Article 2.
Election of School Trustees.

§ 21-1471. General provisions for election.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

§ 21-1472. Procedure when no election held.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

§ 21-1473. Vacancy.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

Article 3.
Trustees in Certain Districts.

§ 21-1481. Provisions for appointment.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.
§ 21-1482. When such trustees elected.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

§ 21-1483. Term of office of trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.
§ 21-1484. Vacancies.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

Article 4.
Bonneau High School District.
§ 21-1491. Creation.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.
§ 21-1492. Trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

§ 21-1501 1952 Supplement 72

Article 5.
Cross High School District.
§ 21-1501. Creation.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

§ 21-1502. Privileges of districts.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

§ 21-1503. Trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

Article 6.
Macedonia High School District.
§ 21-1511. Creation.

Repealed by 1952 A. & J. R. £47 St. at L.) pp 2151 and 2152.

§ 21-1512. Trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

Article 7.
St. Stephens High School District.
§ 21-1521. Creation.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

§ 21-1522. Trustees ; decision of tie votes.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

§ 21-1523. Powers of trustees ; bond election.

Repealed by 1952 A. & J. R. £47 St. at L.) pp 2151 and 2152.

§ 21-1524. Entity of constituent school districts not impaired.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

Article 8.
School District No. 26.

§ 21-1531. Created; corporate powers; trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2151 and 2152.

CHAPTER 24.
Calhoun County.

§ 21-1549. Trustees, St. Matthews and Cameron Centralized High School
Districts.
Provisions from 1952 A. & J. R. (47 St. at L.) pp 1997 and 1998 make up this section.

§ 21-1550. Cameron-Lone Star Centralized High School District No. 2-H.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2141 and 2142 make up this section.

CHAPTER 25.
Charleston County.

Article 4.

School Trustees.

§ 21-1636.1. Trustees, St. Paul's School District No. 23.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2085 to 2087 make up this section.

73 Code of Laws of South Carolina, 1952 § 21-1741

§ 21-1636.2. Trustees, St. John's School District No. 9.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2085 to 2087 make up this section.

§ 21-1636.3. Trustees, Moultrie School District No. 2.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2085 to 2087 make up this section.

§ 21-1636.4. Terms of certain trustees.

Provisions frim 1952 A. & J. R. (47 St. at L.) pp 2085 to 2087 make up this section.

CHAPTER 26.
Cherokee County.
Article 1. Article 5.

General Provisions, § 21-1703. Blacksburg High School District, § 21-1761.

Article 3. Article 6.

School District No. 10, § 21-1721. Limestone School District No. 19, § 21-1771.

Article 4.
Gaffney High School District No. 11,
§21-1741.

Article 1.
General Provisions.
§ 21-1703. Blacksburg Grammar School District No. 9.

Superseded by order of State Educational Finance Commission.

Article 3.
School District No. 10.
§ 21-1721. Primary election of trustees.

Superseded by order of State Educational Finance Commission.

§ 21-1722. Trustee at large and trustees from wards.

Superseded by order of State Educational Finance Commission.

§ 21-1723. Qualifications of trustees.

Superseded by order of State Educational Finance Commission.

§ 21-1724. Nominations.

Superseded by order of State Educational Finance Commission.

§ 21-1725. Conduct of elections.

Superseded by order of State Educational Finance Commission.

§ 21-1726. Who eligible to vote.

Superseded by order of State Educational Finance Commission.

§ 21-1727. Duties of managers; declaration of result and appointment of
trustees.

Superseded by order of State Educational Finance Commission.

§ 21-1728. Second election if no candidate receives a majority.

Superseded by order of State Educational Finance Commission.
§ 21-1729. Vacancies.

Superseded by order of State Educational Finance Commission.

Article 4.
Gaffney High School District No. 11.
§ 21-1741. Established.

Superseded by order of State Educational Finance Commission.

Cited in Nesbitt et al. v. Gettys et al. 219 S. C. 221, 64 S. E. (2d) 651.

§ 21-1742 1952 Supplement 74

§ 21-1742. Right of other districts to consolidate therewith.

Superseded by order of State Educational Finance Commission.

§ 21-1743. Number and term of trustees ; vacancies.

Superseded by order of State Educational Finance Commission.

§ 21-1744. Election of trustees.

Superseded by order of State Educational Finance Commission.

§ 21-1745. General duties and powers of trustees.

Superseded by order of State Educational Finance Commission.

§ 21-1746. Buildings; temporary arrangements.

Superseded by order of State Educational Finance Commission.

§ 21-1748. Boards of constituent districts to cooperate.

Superseded by order of State Educational Finance Commission.

Article 5.
Blacksburg High School District.
§ 21-1761. Creation.

Superseded by order of State Educational Finance Commission.

§ 21-1762. Trustees of district.

Superseded by order of State Educational Finance Commission.

§ 21-1763. Organization of board ; vacancies.

Superseded by order of State Educational Finance Commission.

Article 6.
Limestone District No. 19.
§ 21-1771. Creation.

Superseded by order of State Educational Finance Commission.

§ 21-1772. Abandonment of schools.

Superseded by order of State Educational Finance Commission.

§ 21-1773. Trustees.

Superseded by order of State Educational Finance Commission.

§ 21-1774. Indebtedness.

Superseded by order of State Educational Finance Commission.

CHAPTER 28.
Chesterfield County.

Article 2. Article 8.

Financial Matters Generally, § 21-1882.1. Jefferson Centralized High School District,
Article 3. § 21-1991.

School Districts Generally, § 21-1901. Article 9.

Article 7. McBee Centralized High School District

Chesterfield School District No. 18, No. 16, § 21-2001.

§ 21-1971. Article 10.

Pageland Centralized High School District,
§ 21-2021.
Article 2.

Financial Matters Generally.

§ 21-1882.1. Board of education equalization tax ; distribution of board funds.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2110 and 2111 make up this section.

75 Code of Laws of South Carolina, 1952 § 21-2002

Article 3.
School Districts Generally.
§ 21-1901. Election of school trustees.

School districts consolidated into four districts.

§ 21-1901.1. Trustees for consolidated school districts.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2111 and 2112 make up this section.

§ 21-1902. Vacancies and removals.

Superseded by order of State Educational Finance Commission.

§ 21-1904. Plats of several school districts.

Superseded by order of State Educational Finance Commission.

Article 7.
Chesterfield School District No. 18.
§ 21-1971. Trustees.

Superseded by order of State Educational Finance Commission.

§ 21-1972. When trustees may be elected.

Superseded by order of State Educational Finance Commission.

§ 21-1973. How election held; canvass of results.

Superseded by order of State Educational Finance Commission.

§ 21-1974. Appointment of trustees elected ; terms of office.

Superseded by order of State Educational Finance Commission.

§ 21-1975. Officers.

Superseded by order of State Educational Finance Commission.

§ 21-1976. Records of proceedings.

Superseded by order of State Educational Finance Commission.

§ 21-1977. Acts not binding until recorded.

Superseded by order of State Educational Finance Commission.

§ 21-1978. Records public.

Superseded by order of State Educational Finance Commission.

Article 8.
Jefferson Centralized High School District.
§ 21-1991. Area.

Superseded by order of State Educational Finance Commission.

§ 21-1992. Trustee from District No. 24.

Superseded by order of State Educational Finance Commission.

§ 21-1993. District incorporated.

Superseded by order of State Educational Finance Commission.

Article 9.
McBce Centralised High School District No. 16.
§ 21-2001. Establishment.

Superseded by order of State Educational Finance Commission.

§ 21-2002. Number and qualifications of trustees; terms.

Superseded by order of State Educational Finance Commission.

§ 21-2003 1952 Supplement 76

§ 21-2003. Terms.

Superseded by order of State Educational Finance Commission.

§ 21-2003.1. Election of trustees.

Superseded by order of State Educational Finance Commission.

§ 21-2004. Chairman and clerk.

Superseded by order of State Educational Finance Commission.

§ 21-2005. General powers of trustees.

Superseded by order of State Educational Finance Commission.

§ 21-2006. High school building.

Superseded by order of State Educational Finance Commission.

§ 21-2007. Apportionment of expenses.

Superseded by order of State Educational Finance Commission.

§ 21-2008. Taxes.

Superseded by order of State Educational Finance Commission.
Article 10.
Pageland Centralised High School District.
§ 21-2021. Creation.

Superseded by order of State Educational Finance Commission.

§ 21-2022. Trustees.

Superseded by order of State Educational Finance Commission.
§ 21-2023. Tax for support of school.

Superseded by order of State Educational Finance Commission.

§ 21-2024. Approval of budget.

Superseded by order of State Educational Finance Commission.

§ 21-2025. Levies to be uniform.

Superseded by order of State Educational Finance Commission.

CHAPTER 30.
Colleton County.
§ 21-2179.1. Election and terms of trustees, Colleton County.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2037 to 2039 make up this section.

§ 21-2187. Disbursements.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2039 and 2040 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2039 and 2040.

CHAPTER 31.

Darlington County.

Article 1. Article 5.

Board of Education, § 21-2254.1. Aid for Weak Schools, § 21-2301.

Article 1.
Board of Education.

§ 21-2254.1. Determine school tax levy.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2024 and 2025 make up this section.

77 Code of Laws of South Carolina, 1952 § 21-2582

Article 5.
Aid for Weak Schools.

§ 21-2301. Tax for weak grammar schools.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2024 and 2025.

§ 21-2302. Tax for weak high schools.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2024 and 2025.

CHAPTER 32.
Dillon County.
Article 1. Article 4.

County Superintendent, County Board and Centralized School District, § 21-2401.

school Trustees, § 21-2341.

Article 1.

County Superintendent, County Board and School Trustees.
§ 21-2341. County board of education.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1874 and 1875 and 1953 A. & J. R.
(48 St. at L.) pp 1 & 2 make up this section.

Article 4.
Centralised School Districts.
§ 21-2401. Created.

Provisions from 1952 A. & J. R. (47 St. at L-l pp 1719 to 1721 make up this section.

§ 21-2402. Establishment of schools.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1719 to 1721 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1719 to 1721.

§ 21-2403. Trustees.

Provisions from 1952 A. & J. R. (47 St. at h.) pp 1719 to 1721 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1719 to 1721.

§ 21-2404. Powers of trustees.

Provisions from 1952 A. & J. R. (47 St. at L,.) pp 1719 to 1721 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1719 to 1721.

§ 21-2411. Tax rate uniform.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1719 to 1721 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1719 to 1721.

CHAPTER 35.
Fairfield County.

§ 21-2578. School districts consolidated.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014.

§ 21-2579. Body politic and corporate.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.

§ 21-2580. Board of trustees; appointment; term; vacancy; duties devolved
on.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.

§ 21-2581. Meetings; pay.

Provisions from 1952 A. & J. R. (47 St. at L.} pp 2008 to 2014 make up this section.

§ 21-2582. Duties and powers.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.

§ 21-2583 1952 Supplement 78

§ 21-2583. Reports.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.

§ 21-2591. Compensation of members of county board.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014.

§ 21-2592. Organization; meetings.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014.

§ 21-2593. Duties and powers of county board.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014.

§ 21-2595. Contracts; purchases.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014.

§ 21-2596. County superintendent; appointment and qualifications.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014.

§ 21-2597. Duties and powers of superintendent.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014.

§ 21-2600. Local area advisory trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.

§ 21-2601. Budgets.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.

§ 21-2611. Payment of former district bonds.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014.

§ 21-2617. Tax levies.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014.

§ 21-2618. Deposit and disbursement of school funds.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014.

§ 21-2619. District financing and receiving fund unit.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014.

§ 21-2620. Issuance of bonds.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.

§ 21-2621. Property vested in.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2008 to 2014 make up this section.

CHAPTER 36.
Florence County.

§ 21-2651. County board of education.

1952 (47) p 1710 amended this section.

§ 21-2653. Number and terms of trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1707 and 1708 make up this section.

§ 21-2653.1. Election of trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pj> 2001 and 2002 make up this section.

§ 21-2655. Annual school district meetings.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2001 and 2002 make up this section.

79 Code of Laws of South Carolina, 1952 § 21-2914

§ 21-2655.1. Budgets.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2001 and 2002 make up this section.

§ 21-2657. Tax levy; collection.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2001 and 2002 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp. 2001 and 2002.

CHAPTER 38.
Greenvile County.
§ 21-2821. Trustees, Greenville County school district No. 520.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2103 and 2104 make up this section.

§ 21-2831. Budgets.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091.

§ 21-2832. Preparation of budget.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091.

§ 21-2832.1. Tax levies in District No. 520.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091.

§ 21-2836. Transfer surplus bond funds.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2088 to 2091 make up this section.

§ 21-2838. Payment of school claims by District No. 520.

Provisions from 1952 A. & J. R. (47 St. at L.) p 1883 make up this section.

CHAPTER 39.

Greenwood County.

School Trustees, § 21-2901. School District No. 18, § 21-2921

Article 2.
School District No. 13, § 21-2911.

Article 1.

School Trustees.
§ 21-2901. Election of trustees.

Superseded by order of State Educational Finance Commission.

§ 21-2910. Trustees, Greenwood-Ninety Six School District No. 50; appoint-
ment; terms; election; vacancy.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2145 and 2146 make up this section.

Article 2.
School District No. 13.
§ 21-2911. Number of trustees.

Superseded by order of State Educational Finance Commission.

§ 21-2912. Appointment and term of trustees.

Superseded by order of State Educational Finance Commission.

§ 21-2913. Election instead of appointment.

Superseded by order of State Educational Finance Commission.

§ 21-2914. Vacancies.

Superseded by order of State Educational Finance Commission.

§ 21-2921 1952 Supplement 80

Article 3.
School District No. 18.
§ 21-2921. Trustees.

Superseded by order of State Educational Finance Commission.

§ 21-2922. When elected.

Superseded by order of State Educational Finance Commission.

§ 21-2923. Conduct of election.

Superseded by order of State Educational Finance Commission.

§ 21-2924. Vacancies.

Superseded by order of State Educational Finance Commission.

§ 21-2925. Officers; report; records public.

Superseded by order of State Educational Finance Commission.

CHAPTER 41.
Horry County.
Article 1. Article 3.

General Provisions, § 21-3031. Hickory Hill School District No. 38,

Article 2. § 21-3081.

High School District, § 21-3061.

Article 1.
General Provisions.

§ 21-3031. County board of education; appointment; terms; vacancy.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section.

§ 21-3032. Officers; meetings; travel.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section.

§ 21-3033. Duties and powers.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section.

§ 21-3041. Superintendent of education.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section.

§ 21-3053. Advisory boards of trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909.

§ 21-3054. High school superintendents, etc. to supervise grammar schools.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909.

§ 21-3055. Budgets; taxes.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section.

§ 21-3056. Levy and collection of taxes; records; disbursements.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section.

§ 21-3057. Use of surplus bond retirement funds.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909.

§ 21-3058. County unit for financing and receiving funds.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909 make up this section.
Article 2.
High School Districts.
§ 21-3061. Composition.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909.

81 Code of Laws of South Carolina, 1952 § 21-3112

§ 21-3062. Additional high school districts.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909.

§ 21-3063. Transfer of local districts to other high school districts.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909.

§ 21-3064. Transfer of pupils.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909.

§ 21-3065. Appointment of trustees; vacancy.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909.

§ 21-3066. Budget and levy.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909.
Article 3.
Hickory Hill School District No. 38.

§ 21-3081. School trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909.

§ 21-3082. Division of revenue.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1905 to 1909.

CHAPTER 42.
Jasper County.

§ 21-3101. One school district; trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) p 2081 make up this section.

§ 21-3103. School districts.

Repealed by 1952 A. & J. R. (47 St. at L.) p 2081.

§ 21-3104. Contracts.

Provisions from 1952 A. & J. R. (47 St. at L.) p 2081 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) p 2081.

§ 21-3107. Preparation and approval of school district budgets.

See § 21-3111 herewith.

§ 21-3108. Levy and collection of taxes to meet budgets.

1952 (47) pp 2121 to 2123 amended this section.

§ 21-3109. Borrowing to meet budgets.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2121 to 2123 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2121 to 2123.

§ 21-3110. Expenditures.

See § 21-3101 herewith.

§ 21-3111. Claims in excess of budget void ; not to pay such claims ; transfer

of budget items.

1952 (47) pp 2121 to 2123 amended this section.
See § 21-3101.

§ 21-3112. Penalties.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2121 to 2123 make up this section.

§ 21-3151 1952 Supplement 82

CHAPTER 43.
Kershaw County.

§ 21-3151. School trustees; election; terms.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3152. Trustees; meetings; pay.

Provisions from 1952 A. & J. R. (47 St. at L.) PP 1919 to 1923 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3153. Duties and powers.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3154. Officers and meetings.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3155. Superintendent of education.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3156. General duty of board.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3159. Board's objective in providing school financing.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3160. Duties and powers of county superintendent of education.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3161. Attendance areas; local area trustees.

Provisions from 1952 A. & J. R. (47 St. at L ) pp 1919 to 1923 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3162. High school district trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3163. Terms of office.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3164. Trustees of School District No. 1.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3165. Election of school trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3166. Superintendent of schools.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3167. Powers of high school district boards.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3168. Budgets.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3169. Sums set aside for payment of teachers' salaries.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3170. Contracts and expenditures limited to budgets.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3171. Incidental fund.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

83 Code of Laws of South Carolina, 1952 § 21-3224

§ 21-3172. Levy and collection of taxes to meet budgets.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3173. Apportionment of receipts from tax levy.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3174. Credit of funds received for school purposes.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3175. Additional district levy to meet indebtedness.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

§ 21-3176. Treasurer to report on bonds, etc.

1952 (47) pp 1919 to 1923 amended this section.

§ 21-3177. Borrowing by boards.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1919 to 1923.

CHAPTER 44.

Lancaster County.

Article 1. Article 5.

General Provisions, § 21-3201. Financial Matters, § 21-3251.

Article 2. Article 6.

County Superintendent and Supervisor of Buford, Flat Creek and Indian Land High

Schools, § 21-3211. School Districts, § 21-3281.

Article 3. Article 7.

County Board of Education, § 21-3221. Consolidated School District No. 30,

Article 4. § 21-3291.

School Trustees, § 21-3241.

Article 1.

General Provisions.
§ 21-3201. The School District of Lancaster County.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3202. Supervision of grammar schools.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3203. Boards of visitors.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

Article 2.

County Superintendent and Supervisor of Schools.

§ 21-3211. Superintendent of education.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3212. Superintendent of education; election; term; purchases.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

Article 3.
County Board of Education

§ 21-3221. Board of education.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3224. Chairman of county board.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3225 1952 Supplement 84

§ 21-3225. Meetings; quorum.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3227. Duties and powers.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3228. Properties; acquisition; sale.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section.

Article 4.
School Trustees.
§ 21-3241. School trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3242. Vacancies.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3243. Duties and powers of trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

Article 5.
Financial Matters.
§ 21-3251. Auditor report assessed values.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3252. Budgets.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019 make up this section.

§ 21-3253. Annual tax to operate schools.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3255. Levies for deficits.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3261. Taxes; collection and disbursement of funds.

Provisions from 1952 A. & J. R. (47 St. at I_.) pp 2014 to 2019 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3262. Expenditures not to exceed budget.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3263. Salaries.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3264. Tuition and school attendance.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3266. Contingent fund.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3267. Claims.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

Article 6.
Bujord, Flat Creek and Indian Land High School Districts.
§ 21-3281. Creation.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

85 Code of Laws of South Carolina, 1952 § 21-3358

§ 21-3282. Effect of creation of such districts.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3283. Powers of trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3284. Tax levies uniform.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

Article 7.
Consolidated School District No. 30.

§ 21-3291. Establishment.

Repealed by 1952 A. & J. R. (47 St. at L-l pp 2014 to 2019.

§ 21-3292. Trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

§ 21-3293. Election of trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

CHAPTER 45.
Laurens County.

§ 21-3307. Trustees, Laurens County School District No. 65.

Provisions from 1952 A. & J. R. (47 St. at L.} pp 1711 and 1712 make up this section.

CHAPTER 46.
Lee County.
Article 1. Article 2.

General Provisions, § 21-3351. Centralized Consolidated High School

District, § 21-3361.
Article 1.

General Provisions.

§ 21-3351. Board of education; appointment; terms; act as trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085.

§ 21-3352. Duties and powers.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085.

§ 21-3353. Meetings of board.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085.

§ 21-3353.1. Superintendent of education.

Provisions from 1952 A. & J. R. (47 St. at L-l pp 2081 to 2085 make up this section.

§ 21-3354. School trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp_ 2081 to 2085 make up this section
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085.

§ 21-3355. Advisory boards of trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085.

§ 21-3358. Administrative areas; superintendents.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section.

§ 21-3361 1952 Supplement 86

Article 2.
Centralised Consolidated High School District.

§ 21-3361. Tax levies; receipt and disbursement of funds.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085.

§ 21-3362. Trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085.

§ 21-3363. Powers of trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085.

§ 21-3364. County board financing unit.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2081 to 2085.

CHAPTER 47.

Lexington County.

Article 1. Article 2.1.

County Board and Superintendent, Batesburg-Leesville District No. 3,

§ 21-3401. § 21-3425.

Article 2.

School Districts, § 21-3411.

Article 1.
County Board and Superintendent.

§ 21-3401. County Board of Education; membership.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1917 and 1918 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1917 and 1918.

§ 21-3402. Same; membership.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1917 and 1918 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1917 and 1918.
Cited. Smith et al. v. Lexington School District, 219 S. C. 191, 64 S. E. (2d) 534.

Article 2.

School Districts.

§ 21-3411. School districts established.

Superseded by order of State Educational Finance Commission.

Cited. Smith et al v. Lexington School District, 219 S. C. 191, 64 S. E. (2d) 634.

§ 21-3412. School trustees; appointment; terms.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917.

§ 21-3413. Same; special provisions for Irmo District No. 8.

Superseded by order of State Educational Finance Commission.

§ 21-3414. When elect trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917.

§ 21-3415. Conduct of election.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917.

§ 21-3416. Qualifications of trustees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1916 and 1917.

§ 21-3417. Vacancies.

Superseded by order of State Educational Finance Commission.

87 Code of Laws of South Carolina, 1952 § 21-3679

§ 21-3418. Employment of teachers and other duties of trustees.

Cited in Smith et al. v. Lexington School District, 219 S. C. 191, 64 S. E. (id) 534.

§ 21-3422. Tax levies.

1952 (47) pp 1918 and 1919 superseded last sentence in this section. See same for
tax levy for operation.

Article 2.1.

Batesburg-Leesville District No. 3.
§ 21-3425. Trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2019 to 2022 make up this section.

§ 21-3426. Taxes; obligations.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2019 to 2022 make up this section.

§ 21-3427. Liability of Saluda County area.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2019 to 2022 make up this section.

CHAPTER 51.

Newberry County.

Article 1. Article 3.

General Provisions, § 21-3599. School District No. 1, § 21-3622.

Article 2.
School Trustees, § 21-3614.

Article 1.

General Provisions.
§ 21-3599. County board of education.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1842 to 1844 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1842 to 1844.

§ 21-3601. Duties of superintendent of education.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1842 to 1844 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1842 to 1844.

§ 21-3602. Taxes.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1842 to 1844 make up this section.
Article 2.
School Trustees.
§ 21-3614. County board to be school trustees if only one district.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1842 to 1844 make up this section.
Article 3.
School District No. 1.
§ 21-3622. Transfer of surplus from bond account.

Superseded by order of State Educational Finance Commission.

CHAPTER 52.
Oconee County.
§ 21-3662. Additional school trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2003 and 2004 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2120 and 2121.

§ 21-3678. Annual tax levy for high school facilities.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1981 and 1982.

§ 21-3679. Apportionment of receipts.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1981 and 1982.

§ 21-3680 1952 Supplement 88

§ 21-3680. Expenditure.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1981 and 1982.

§ 21-3682. Portion of receipts allocated to Clemson-Calhoun High School.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1981 and 1982.

CHAPTER 53.
Orangeburg County.

§ 21-3707. School districts corporations; powers.

There are now five school districts.

CHAPTER 54.
Pickens County.

§ 21-3791. County Board of Education.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1717 and 1718 make up this section.

§ 21-3800. Additional trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) p 1909 make up this section.

CHAPTER 55.
Richland County.

Article 3.
School Districts Generally.
§ 21-3881. Names, etc., of school districts.

Superseded by order of State Educational Finance Commission.

§ 21-3882. Number, appointment, election, terms, etc. of trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2006 and 2007 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2006 and 2007.

§ 21-3882.1. Same; District No. 5.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2006 and 2007 make up this section.

§ 21-3884. District No. 1 exempt from.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2006 and 2007 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2006 and 2007.

§ 21-3885. Trustees of Olympia School District No. 4.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2006 and 2007.

CHAPTER 56.
Saluda County.
§ 21-3961. When trustees elected.

Superseded by order of State Educational Finance Commission.

§ 21-3962. Trustees to file budgets.

Superseded by order of State Educational Finance Commission.

§ 21-3964. Budgets; tax levies.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2005 and 2006 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2005 and 2006.

§ 21-3965. Use of alcoholic liquor tax and beer and wine taxes.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2005 and 2006 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2005 and 2006.

89 Code of Laws of South Carolina, 1952 § 21-4018

§ 21-3966. Approval and payment of claims.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2005 and 2006 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2005 and 2006.

§ 21-3967. Allocation of unpledged school fund balances.

Superseded by order of State Educational Finance Commission.

CHAPTER 57.
Spartanburg County.
§ 21-4001. County Board of Education.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 and 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4002. Election of members ; vacancy.

Provisions from 1952 A. & J. R. (47 St. at L.) pp. 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4003. Officers; meetings; travel.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4004. Board to supervise public school program.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4005. Employment of personnel.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4006. Qualifications for personnel; rules generally.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4009. Board's objective in providing finances.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4010. Plans for buildings and capital outlays generally.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4011. County superintendent.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4013. Superintendent administrative officer.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealer! by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4014. Employment of personnel.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.

§ 21-4015. Consolidation and boundaries of districts.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.

§ 21-4016. Consolidation with districts in adjoining counties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4017. Local boards of trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4018. Appointment or election of trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4019 1952 Supplement 90

§ 21-4019. Terms of trustees.

Provisions from 19S2 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4019.1. Removal of trustees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4020. Officers.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4021. Employ personnel ; school term.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.

§ 21-4022. School district budgets and levy therefor.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.} pp 2113 to 2119.

§ 21-4024. Accounts of funds; bonding of personnel.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4025. Superintendent of schools.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4026. County tax levy.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4027. Apportionment of receipts between operating and capital expen-
ditures.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4028. Disposition of surplus capital funds of districts.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

§ 21-4030. Credit of school funds received by treasurer.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2113 to 2119.

CHAPTER 58.
Sumter County.
Article 1.1. Article 2.

School District No. 2, § 21-4059. School District No. 17, § 21-4063.

Article 1.1.
School District No. 2.
§ 21-4059. Superintendent.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section.

§ 21-4059.1. Budgets.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section.

§ 21-4059.2. Tax levies.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section.

§ 21-4059.3. Use of sinking funds when not deposited.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section.

§ 21-4059.4. Funds; liability and duty of county treasurer; security for de-
posits.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2077 to 2080 make up this section.

91 Code of Laws of South Carolina, 1952 § 21-4173

Article 2.
School District No. 17.

§ 21-4063. Jurisdiction of county board of education over district.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2036 and 2037.

§ 21-4072. Budgets; contracts.

1952 (47) pp 2036 and 2037 amended this section.

CHAPTER 59.
Union County.

Article 1. Article 2.

General Provisions, § 21-4151. Financial Matters, § 21-4171.

Article 1.

General Provisions.

§ 21-4151. County unit system; county board of education operate.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109.

§ 21-4152. Members and term of Board.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109.

§ 21-4153. Elect; term; vacancy.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109.

§ 21-4154. Elections.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109.

§ 21-4155. Quorum; officers; meetings; per diem.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109.

§ 21-4156. Act as trustees; duties and powers.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109.

§ 21-4157. Superintendent of education.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section.

§ 21-4158. Attendance areas; advisory boards.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section.

Article 2.
Financial Matters.
§ 21-4171. School district tax levies.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109.

§ 21-4172. Consent of delegation to county levies.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109.

§ 21-4173. Tax levy for high school purposes.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109.

§ 21-4174 1952 Supplement 92

§21-4174. Special levy in Lockhart School District No. 5.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109.

§ 21-4175. Contracts to create deficits.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2104 to 2109.

CHAPTER 60.
Williamsburg County.

Article 1. Article 3.

General Provisions, § 21-4201. Williamsburg High School, § 21-4241.

Article 2. Article 5.

Trustees of Certain School Districts, Kingstree Public School District, § 21-4261.
§ 21-4231.

Article 1.
General Provisions.
§ 21-4201. County board of education; appointment; terms; vacancy.

1952 (47) pp 2093 and 2094 amended this section. There is now only one school district
in the county.

§ 21-4202. School trustees and officials not eligible.

There is now only one school district.
§ 21-4206. County board fund ; disposition of poll tax collections.

There is now only one school district.

§ 21-4209. Budgets.

There is now only one school district.

§ 21-4211. Tuition pay when pupils attend school in other districts.

There is now only one school district.

§ 21-4212. Levy of tax to pay such tuition charges.

There is now only one school district.

§ 21-4213. Tuition charges to accounts of several districts.

There is now only one school district.

§ 21-4217. Gifts.

There is now only one school district.

§ 21-4218. Investment of school district sinking fund.

There is now only one school district.

§ 21-4219. Pergamos School District No. 29 exempted.

Superseded by order of State Educational Finance Commission.

Article 2.
Trustees of Certain School Districts.

§ 21-4231. Lenuds School District No. 4.

Superseded by order of State Educational Finance Commission.

§ 21-4232. Hemingway School District No. 12.

Superseded by order of State Educational Finance Commission.

§ 21-4233. Consolidated School District No. 3.

Superseded by order of State Educational Finance Commission.

§ 21-4234. Greelyville School District No. 22.

Superseded by order of State Educational Finance Commission.

93 Code oe Laws op South Carolina, 1952 § 22-351

§ 21-4236. Salters School District No. 32.

Superseded by order of State Educational Finance Commission.

Article 3.
Williamsburg High School.
§ 21-4241. School districts consolidated into "Williamsburg High School".

Superseded by order of State Educational Finance Commission.

§ 21-4242. Number of trustees.

Superseded by order of State Educational Finance Commission.

§ 21-4243. Appointment of trustees.

Superseded by order of State Educational Finance Commission.

§ 21-4244. Terms of trustees ; vacancies.

Superseded by order of State Educational Finance Commission.

Article 5.
Kingstrce Public School District.

§ 21-4261. Established.

Superseded by order of State Educational Finance Commission.

§ 21-4262. Trustees.

Superseded by order of State Educational Finance Commission.

§ 21-4263. Term.

Superseded by order of State Educational Finance Commission.

§ 21-4264. Conduct of elections.

Superseded by order of State Educational Finance Commission.

§ 21-4265. Trustees appointed when no candidates qualify.

Superseded by order of State Educational Finance Commission.

§ 21-4266. Vacancies.

Superseded by order of State Educational Finance Commission.

§ 21-4267. Duties and powers of trustees.

Superseded by order of State Educational Finance Commission.

Title 22.
Educational Institutions
Chap. 6. The Medical College, § 22-351.

CHAPTER 6.
The Medical College.

§ 22-351. Acceptance of transfer of property.

The State of South Carolina hereby expressly declares that it accepts the con-
veyance and transfer of the property, real and personal, of The Medical College
of South Carolina and the State Treasurer may receive and securely hold such
property, both real and personal, and execute the necessary papers and receipts
therefor as soon as the trustees and faculty of The Medical College of South Car-
olina shall convey and transfer such property to the State.

1952 (47) 1875.

§ 22-352 1952 Supplement 94

§ 22-352. Charter confirmed.

The charter of The Medical College of South Carolina is confirmed and extended
with all the rights and privileges granted heretofore by the original act of incor-
poration or by any subsequent extension of its charter.

1952 (47) 1875.

§ 22-359. Additional scholarships.

1952 (47) p 1875 changed name to The Medical College of South Carolina.

§ 22-364. Rules governing admissions not changed hereby.

1952 (47) p 1875 changed name to The Medical College of South Carolina.

Title 23.
Elections.

Chapter 1. General Provisions, § 23-7.

3. Polling Precincts and Voting Places, § 23-176.

4. Political Parties, Committees, Conventions, Nominations other than
by Primary, etc., § 23-265.

CHAPTER 1.
General Provinsions

§ 23-7. Liability of radio station for defamatory statement made by candi-
date for political office.

The owner, licensee or operator of a visual or sound radio broadcasting station
or network of stations and the agents or employees of any such owner, licensee or
operator shall not be liable for any damages for any defamatory statement published
or uttered in or as a part of a visual or sound radio broadcast by a candidate for
political office in those instances where, under the acts of Congress or the rules
and regulations of the Federal Communications Commission, the broadcasting
station, or stations, is prohibited from censoring the material broadcast by such
candidate, if such owner, licensee or operator shall cause to be made at the con-
clusion of the broadcast the following announcement in substance : "The broadcast
you have just heard was not censored in accord with the immunity from censorship
extended legally qualified political candidates."

1952 (47) 1939.

CHAPTER 3.
Polling Precincts and Voting Places

Article 1.
Location of Precincts and Voting Places.

§ 23-176. Same ; in Greenville County.

In the Greenville County there shall be the following voting precincts : American
Spinning at or near school ; Armstrong at or near school ; Bates Old Field at or
near McDaniel's Store; Batesville at or near Green's Store; Bellevue at Bellvue
Grocery ; Berea at Berea High School ; Bessie at Charles' Store ; Brandon at Boy
Scout Hall; City View at City View Water office; Conestee at Conestee Hall;
Dunean at Recreation Hall ; East Dunklin at Knight's Store ; East Gantt at East
Gantt school ; East View at East View school ; Ebenezer-Welcome at Ebenezer-

95 Code of Laws of South Carolina, 1952 § 23-176

Welcome school ; Fairview at the Stock Show Grounds ; Flat Rock at Flat Rock
school ; Fork Shoals-Fork Shoals high school ; Fountain Inn at the Library build-
ing ; Fountain Inn Mill at the Mill Canteen ; Gilreath's Store at Gilreath's Store ;
Golden Grove at Freeman's Store ; Gowanville at Pitts' Store ; Ward 1 at Fire
Department at City Hall building ; Ward 2 at or near Bridwell's building on South
Main St. ; Ward 3 at C & D. Chevrolet building ; Ward 4 at Robinson's Pure Oil
Station ; Ward 5 at High School building ; Ward 6 at Hollifield's Studebaker
building ; Greer Mill at The Community Building ; Highland at Highland school ;
Hillside at Hillside school; Hopewell at Hopewell school; Jennings Mill at Hart
Valley Ranch ; Jonesville at Jonesville school ; Judson Mill at Judson school ; Laurel
Creek at Laurel Creek school ; Leawood at Batson's Service Station ; Lebanon at Le-
banon school ; Lima at Lima school ; Locust at Locust school ; Maridell at Maridell
school ; Marietta at Marietta school ; Mauldin at Mauldin school ; Merrittsville
at Poole's Store ; Mills Mill at The Mill ; Mission at Mission school ; Monaghan
at the YMCA ; Montague at Watkins store ; Mt. Lebanon at Mt. Lebanon school ;
Mt. View at Mt. View school; Old Hundred at Old Hundred school; O'Neal at
Few's Store ; Paris at Paris school ; Paris Mountain at Paris Mountain Grocery
Store ; Park Place at Park Place school ; Piedmont at Beattie Hall ; Piedmont Park
at Paris school ; Pike's Store at Oak Grove school ; Pleasant Grove at Pleasant Grove
school; Poe Mill at Poe Mill school; Poinsett at the Mill Hall; Ready Fork at
Moonville Mercantile Co. ; Rehobeth at Rehobeth school ; Rock Hill at Rock Hill
school house ; Reid's at Reid's school house ; Sandy Flat at Sandy Flat school
house ; San Souci at Buncombe and Perry Roads ; Simpsonville at Simpsonville
high school house ; Simpsonville Mill at Cole's Store ; Slater at the Mill ; Southern
Bleachery at Taylors Drug Store ; St. Albans at Thackston's Store ; Stewart's
Academy at Stewart's Acadamy school house ; Taylor's at Loftis Mercantile Co. ;
Tigerville at Wood's store ; Travelers Rest at Coleman Motor Co. ; Union Bleachery
at Community Bldg. ; Wares at Ridgeway's Store ; Welcome at Welcome school ;
West Dunklin at Cothran's Store ; West Gantt at West Gantt high school ; West
View at West View school ; Westville at Westville school ; Woodside at the
Community Bldg. ; Woodville at Alberson's Store ; Ward 1 Box 1 at or near Sears
Shelter, on East Park Avenue ; Ward 1 Box 2 at or near intersection of Camp
Road and North Main Street ; Ward 2 Box 1 at or near C & C Grocery Co., on
East North Street ; Ward 2 Box 2 at or near Leake Brothers Dairy on Laurens
Road ; Ward 3 Box 1 at or near Easterby Motor Company at West Washington
and Hudson Streets; Ward 3 Box 2 at or near Greenville Auto Sales Co., Inc.
at Church Street and East McBee Avenue ; Ward 3 Box 3 at or near Graham
school on Choice Street ; Ward 4 Box 1 at or near Fire Station at Augusta Road
and East Faris Road ; Ward 4 Box 2 at or near Augusta Circle School ; Ward 5
Box 1 at or near Fire Station at Pendleton Street and Markley Street; Ward 5
Box 2 at or near West Greenville Recreation Center; Ward 6 Box 1 at or near
University Soda Shop on Cleveland Street; Ward 6 Box 2 at or near Collin's
Motor Company on Augusta Street ; Lenoah at or near Lenoah School ; and
Pleasant Hill at Pleasant Hill School.
1952 (47) 2124.

§ 23-191 1952 Supplement 96

§ 23-191. Same; in Orangeburg County.

In Orangeburg County there shall be the following voting precincts: Ward 1,
area west of Green and Church Streets and north of Russell Street ; Ward 2, area
south of Russell Street and west of Middleton Street and Rowe Street; Ward
3, area north of Russell Street and east of Church and Green Streets; Ward 4,
area west of Middleton and Rowe Streets and south of Russell Street; Ward 5,
area east of Southern Railway Track ; Suburban No. 1 ; Suburban No. 2 ; Subur-
ban No. 3 : this precinct shall include the area heretofore forming a part of Suburban
No. 1, lying north of the present limits of the city of Orangeburg and west of the
track of the Southern Railway Company, with voting place at or near Silcox's
Store ; Bethel ; Bethlehem ; Bolen ; Bowman ; North Branchville, South Branchville,
Provided, that the division line between North Branchville and South Branchville
shall be the Charleston and Augusta Railway ; Cattle Creek ; Cow Castle ; Cope ;
Dry Swamp ; East Cow Castle ; East Orange ; Edisto ; Elloree, Provided, that the
division between the precincts of Elloree and West Elloree shall be the Atlantic
Coast Line Railroad track; West Elloree; Eutawville; Holly Hill No. 1, Holly
Hill No. 2 ; provided, that the division between the precincts of Holly Hill No. 1
and Holly Hill No. 2 shall be U. S. State Highway No. 176 beginning at Dean
Swamp and following said Highway west through the town of Holly Hill and
to the junction with the Camden Road and then following the Camden Road north
to township limits ; Jamison ; Limestone ; Livingston ; Middlepen ; Neeses ; Norway ;
North No. 1, North No. 2; Provided, that the division between the precincts of
North No. 1 and North No. 2 shall be the Seaboard Railroad right-of-way; Pine
Hill; Providence; North Providence; Rowesville; Sawyerdale ; Springfield No. 1,
area south of State Highway No. 4 from Rocky Swamp Creek to Aiken County
Line ; Springfield No. 2, area north of State Highway No. 4 from Rocky Swamp
Creek to Aiken County Line ; Tillman, Trinity ; Two Mile Swamp ; Vance ; Wood-
ford, Zion.

1952 (47) 2025.

CHAPTER 4.

Political Parties, Committees, Conventions, Nominations other than by

Primary, etc.

§ 23-263. How candidates nominated.

Nomination contemplated under this not of the general election. Glasscock et al.
title is the result of a primary, convention, v. Bradford et al, 218 S. C. 458; 63 S. E.
executive committee action or petition and (2d) 166, (1951).

§ 23-265. Candidate's pledge.

See § 23-265.2 for former last paragraph hereof.

§ 23-265.1. Same; municipal elections in Richland County.

In Richland County every candidate in a municipal election, general, special, or
primary, shall make the following pledge and file it with the city clerk or comparable

official of the municipality in which he is a candidate : "I, the undersigned

, of the city or town of , county of ,

State of South Carolina, candidate for the office of , hereby

pledge that I will not give money, or use intoxicating liquors, for the purpose of
obtaining or influencing votes, and that I shall, at the conclusion of the campaign
and before the election, render to the city clerk (or comparable official), under

97 Code of Laws of South Carolina, 1952 § 25-1

oath, an itemized statement of all monies spent or provided by me during the
campaign for campaign purposes up to that time, and I further pledge that I will,
immediately after the election render an itemized statement, under oath, showing
all further monies spent or provided by me in said election."
1952 (47) 1712.

§ 23-265.2. Penalties to violate §§ 23-265 or 23-265.1.

A failure to comply with the provisions of § 23-265 or § 23-265.1 shall render
such election null and void, in so far as the candidate who fails to file the state-
ment therein required, but shall not affect the validity of the election of any
candidate complying therewith. Such itemized statement and pledge shall be open
to public inspection at all times. Any violation of the provisions of the pledge
required in § 23-265 or § 23-265.1 shall be a misdemeanor and any person, upon
conviction thereof, shall be fined not less than one hundred dollars nor more than
five hundred dollars, or be imprisoned at hard labor for not less than one month
nor more than six months, or both by such fine and imprisonment, in the discretion
of the court.

1952 Code, § 265; 1952 (47) 1712.

Title 24.

Electricity.

CHAPTER 1.
Regulation of Electrical Utilities

Article 1.

General Provisions.

§ 24-1. Definitions.

Cited. Bookhart v. Central Elec. Power (1951).
Coop., 219 S. C. 414; 65 S. E. (2d) 781;

Article 5.

Issue of Securities.

§ 24-81. Issue of securities.

This section is only a restriction on the Compliance with terms hereof cannot be

power of a utility to issue securities. S. C. said to be an act done in the creation of the

Electric and Gas Co. v. Pincknev. et al, 217 debt evidenced by the securities issued. Id.
S. C. 407; 60 S. E. (2d) 851, (1950).

CHAPTER 4.
State Rural Electrification Authority Act.

§ 24-301. Short title.

Cited. Bookhart v. Central Elec. Coop., 219 S. C. 414; 65 S. E. (2d) 781, (1951).

Title 25.
Eminent Domain

CHAPTER 1.
General Provisions.

§ 25-1. "Owner", etc. includes mortgagee; parties.

Cited. Welling v. Clinton Newberry Nat- S. E. (2d) 7, (1952).
ural Gas Authority, et al, 221 S. C. 417; 71

§ 25-51 1952 Supplement 98

CHAPTER 2.
State Authorities Eminent Domain Act.

§ 25-51. Short title.

Cited. Welling v. Clinton Newberry Nat- 71 S. E. (2d) 7, (1952).
ural Gas Authority, et al. 221 S. C. 417;

CHAPTER 3.
Public Works Eminent Domain Law.

§ 25-101. Short title.

Cited. Welling v. Clinton Newberry Nat- 71 S. E. (2d) 7, (1952).
ural Gas Authority, et al, 221 S. C. 417;

Title 26.
Evidence.

Chapter 1. General Provisions, § 26-7.1.

3. Public Documents, Records and Certain Books, Etc., § 26-104.1.
8. Examination of Witnesses by Commission, § 26-604.

CHAPTER 1.
General Provisions.

§ 26-3. Pleading not evidence against accused.
Cited. The State v. Smith, 220 S. C. 224; 67 S. E. (2d) 82, (1951).

§ 26-7. Proof of negligence by plaintiff in motor vehicle cases.

Applied. Chapman v. Associated Trans- (1951).
port, Inc., 218 S. C. 554; 63 S. E. (2d) 465,

§ 26-7.1. Admissibility of written statement made to public employee; ref-
ence thereto during trial.

Unless the provisions of §§ 1-65 and 17-513.1 have been complied with, no
written statement that has been taken from a person by an employee of the State
or any County,, City or Municipality thereof, or any part, of any such governing
body, shall be admissible in evidence in any case, nor shall any reference be made
to it in the trial of any case.

1952 (47) 1977.

See also §§ 1-65 and 17-513.1.

CHAPTER 3.
Public Documents, Records and Certain Books, Etc.

Article 1.
Public Documents.

§ 26-101. When certified copies or certified photostatic copies of documents
admissible.

Cited. Goudelock v. Prudential Ins. Co. (1951).
of America, 219 S. C. 284; 65 S. E. (2d) 114,

§ 26-104.1. Evidence of registration of trade-mark.

Any certificate of registration issued by the Secretary of State under the provi-
sions of article 4 of chapter 4 of Title 66 (registration and protection of trade-marks)

99 Code of Laws of South Carolina, 1952 § 26-604

or a copy thereof duly certified by the Secretary of State shall be admissible in evi-
dence as competent and sufficient proof of the registration of such trade-mark in
any action or judicial proceedings in any court of this State.
1952 (47) 1845.

§ 26-107. Motor vehicle accident reports and certain matters under Motor
Vehicle Safety Responsibility Act not to be evidence in civil suits.

Neither the reports required by §§ 46-326 to 46-328, the action taken by the
South Carolina State Highway Department pursuant to article 3, chapter 7 (Motor
Vehicle Safety Responsibility Act) of Title 46, the findings, if any, of the said de-
partment upon which action is based, nor the security filed as provided in said
article shall be referred to in any way, or be any evidence of the negligence or due
care of either party, at the trial of any action at law to recover damages.

1952 (47) 1853.

§ 26-108. Brand or earmark certificate as evidence of ownership of livestock.

In any criminal or civil action in which title to livestock is involved or proper
to be proved, the certificate provided for in § 6-366 shall, when recorded as pro-
vided for in § 6-384, be prima facie evidence of ownership of any livestock bearing
the brand shown on the face of the certificate. When livestock is brought into this
State from another state or territory in transit beyond the boundaries of this State,
a copy of a brand granted or held in the other state or territory, when certified to
by the proper officer in that state, shall be received in evidence under the same
circumstances, and shall have the same effect, as a certificate issued under the pro-
visions of §§ 6-361 to 6-388.

1952 (47) 2175.

CHAPTER 6.

Competency of Witnesses.
§ 26-402. Exceptions to rule of § 26-401.

One relying on the statute must make 117; 69 S. E. (2d) 355, (1952).

sufficient and timely objections, otherwise "Assignee" held not to be "grantee." Tay-

the testimony thereby excluded will be lor v. Cox, et al, 218 S. C. 4S8; 63 S. E.

competent. Brevard v. Fortune, 221 S. C. (2d) 470. (1951).

CHAPTER 7.
Examination of Adverse Witnesses; Inspection of Papers, Etc.
§ 26-503. Examination of adversary before trial.

Extent examine witness before trial. Nor- (2d) S44, (1950).
ris v. Bryant, et al, 217 S. C. 389; 60 S. E.

CHAPTER 8.
Examination of Witnesses by Commission.

§ 26-604. Testimony of officers of a state hospital or similar institution taken
by commission in civil causes.

Whenever the testimony of any officer at a state hospital or similar institution
shall be required in a court of justice, in a civil cause, the same may be taken by
commission, nor shall his personal appearance be required, unless it shall be made
to appear to the court, by affidavit, that justice cannot be done without such per-
sonal presence in court.

1952 (47) 2042.

§ 26-701 1952 Supplement 100

CHAPTER 9.
Examination of Witnesses by Deposition.

§ 26-701. Depositions taken by clerks of court; right of viva voce examina-
tion.

Cited. Johnson v. Brandon Corp., 221 S. C. 160; 69 S. E. (2d) 594, (1952).

Title 27.
Fees and Costs.
Chapter 2. Clerks of Court and Registers of Mesne Conveyances, § 27-62.

3. Masters, § 27-203.10.

4. Probate Judges, § 27-303.

8. Miscellaneous Local Provisions, § 27-801.

CHAPTER 2.
Clerks of Court and Registers of Mesne Conveyances.

§ 27-62. Same; exception in certain counties.

In Anderson, Dillon, Newberry and Oconee Counties the fee for indexing, regis-
tering and recording any such mortgage or other instrument shall be fifty cents,
which shall be exclusive of the fee of the clerk for searching the records and
issuing a certificate of such search, the fee for which is hereby fixed at twenty-five
cents. The clerks of court of said counties shall not be required to collect such
fees in advance. But if a copy or duplicate of such mortgage or other instrument
be not furnished to the clerk the fee above fixed for indexing, registering and
recording shall be seventy-five cents, instead of fifty cents.

1952 (47) 2156.

CHAPTER 3.
Masters.

§ 27-203.10. Same ; Chesterfield County.

In Chesterfield County the master shall receive a fee of ten dollars per day for
holding references and five dollars for each report made and filed in addition to
other fees.

1952 (47) 1882.

CHAPTER 4.

Probate Judges.

§ 27-303. Same ; fees probate judges retain.

The probate judges of the several counties may retain for their own use and
benefit all fees heretofore paid to them by the Tax Commission under the provi-
sions of § 27-303. Provided, However, that the legislative delegation of any county
may, by a majority vote, otherwise direct the disposition of such fees received by
the probate judge of its county. But if such direction by the legislative delegation
of any county be not made within twelve months after February 15 1952, the
right of such county to provide for such disposition of said fees shall be forever
waived. Provided, that such funds as would be paid the probate judges of Pickens
County and Dillon County, under the provisions of this section, shall be paid the

101 Code of Laws of South Carolina, 1952 § 28-3

county treasurers of the respective counties for credit to the general funds of said
counties.

1952 (47) 1731.

CHAPTER 5.

Sheriffs, Magistrates and Constables.

Article 4.
Constables.
§ 27-451. Fees and commissions of constables generally.

Sheriff entitled to fee for each person in In Cherokee County sheriff cannot

an arrest warrant. McKown, et al v. Dan- charge for persons arrested by rural po-

iel, et al, 217 S. C. 510; 61 S. E. (2d) 163, licemen. Id.
(1950).

§ 27-454. County to deduct from constables' salaries amounts paid in certain
cases.

Applied. McKown, et al v. Daniel, et ai, 217 S. C. 510; 61 S. E. (2d) 163, (1950).

CHAPTER 8.
Miscellaneous Local Provisions.

Article 1.
Horry County.
§ 27-801. Costs and Fees.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2156 to 2160 make up this section.

Title 28.
Fish, Game and Wildlife.

Chapter 1. General Provisions, § 28-3.

2. South Carolina Wildlife Resources Department, § 28-91.

3. Commercial Fisheries Administrative Provisions, § 28-151.

4. Atlantic States Marine Fisheries Commission, § 28-201.

6. Protection of Game, § 28-301.

7. Protection of Fish, § 28-551.

8. Coastal Fisheries Law, § 28-757.

9. Special Provisions for Certain Counties or Areas, § 28-1001.

CHAPTER 1.
General Provisions.
Article 1. Article 3.

Miscellaneous Provisions, § 28-3. Relatons with Federal Government; certain

Article 2. State-owned Lands, § 28-42.

Certain Exemptions from License Require-
ments, § 28-31.

Article 1.
Miscellaneous Provisions.

§ 28-3. Wild game and certain fish State property.

All wild birds, wild game and fish, except fish in strictly private ponds and lakes
entirely segregated from other waters, are the property of the State.

1952 (47) 2179.

§ 28-5.1 1952 Supplement 102

§ 28-5.1. Application of game laws to zones.

All laws of this State now in force affecting game, shall, until changed, apply to
all of the zones of the State.

1952 (47) 2179.

§ 28-6. Form of hunting and fishing licenses.

The form of all hunting and fishing licenses shall be of such quality or other
suitable design as may be designated by the Director, the cost of same to be paid
for out of the game protection fund.

1952 (47) 2179.

Former § 28-6 1952 code repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-8.1. Fishing or hunting from banks of navigable streams.

It shall be unlawful to fish or hunt from the banks of a navigable stream without
the permission of the owner of the land. Such permit must be in writing should
the owner not be within one mile of the place where the person may be caught
in the act of so fishing or hunting.

1952 (47) 2179.

§ 28-9. Sale of fish and game unlawfully caught, killed, etc.

Any bird, non-migratory fish, or animal caught, taken or killed, shipped or re-
ceived for shipment, found in the possession or under control by any person con-
trary to the provisions of law, which may come into the possession of the game
wardens, shall be sold at auction within the State, or shall be given to some chari-
table institution within the State. In the event of sale, the game warden disposing
of the same shall issue a certificate to the purchaser, certifying that the birds, non-
migratory fish or animals are legally possessed by the purchaser. Any one so
acquiring the birds, non-migratory fish or animals, within this State, may use
them as if same had been originally sold, killed, or possessed in accordance with
the laws of this State. The money received from the sale of such confiscated birds,
non-migratory fish or game shall be forwarded by the game warden to the treasurer
of the State and be placed to the account of the game protection fund.

1952 (47) 2179.

§ 28-10. Not catch, kill, possess or transport game unlawfully.

It shall be unlawful for anyone to catch, kill, possess or transport, or to attempt
to catch, kill, possess or transport any bird or animal or part thereof, in violation
of any of the provisions of the fish and game laws.

1952 (47) 2179.

§ 28-11. General penalties violate fish or game laws.

When not otherwise specified, the penalty for violation of any part of the game,
bird or fish laws of this State shall be a misdemeanor and upon conviction thereof,
the offender shall suffer penalty of fine of not less than twenty-five dollars, or
more than one hundred dollars, or imprisonment of not less than ten days nor more
than thirty days.

1952 (47) 2179.

§ 28-13. Revenue go into game protection fund; expenditure of fines.

Revenues from all license fees, fines and forfeitures of any game or fish law,
except as otherwise directed herein, shall be transmitted to the Director to be
placed to the credit of the game protection fund of the state treasury, and all bal-

103 Code ok Laws of South Carolina, 1952 § 28-42

ances in said fund shall be carried forward each year so that no part thereof shall
revert to the general fund of the State. All fines shall be expended for game and
fish propagation in the counties where same are collected.
1952 (47) 2179.

§ 28-14. Disposition of fines, license fees, etc., in Georgetown County.

Repealed by 1952 A. & J. R. (47 St at L.) pp 2179 to 2219.

§ 28-15. Same; Hampton County.

Repealed by 1952 A. & J. R. (47 St at L.) pp 2179 to 2219.

§ 28-16. Same; Saluda County.

Repealed by 1952 A. & J. R. (47 St at L.) pp 2179 to 2219.

§ 28-17. Same; Sumter County.

Repealed by 1952 A. & J. R. (47 St at L.) pp 2179 to 2219.

Article 2.
Certain Exemptions jrom License Requirements.

§ 28-31. Employees.

Any employee residing in this State may fish or hunt on the lands of his em-
ployer owning or leasing the land, by the written permission of the person so
owning or leasing, or his superintendent, with the same privilege as the owner or
person leasing may enjoy.

1952 (47) 2179.

Former § 28-31 repealed by 1952 A. & J. R. (47 St. at L.) p 2179.

§ 28-32. Orphans in eleemosynary institutions.

All orphans of any orphanage or other eleemosynary institution of this State
may hunt or fish within any county in this State without obtaining a license to do
so if the superintendent or person in charge of such orphanage or eleemosynary in-
stitution shall first apply to the Director for a permit allowing such orphans to
hunt or fish, giving the names of the orphans and. the name of the institution and
such superintendent or person in charge of such orphans shall be the holder of a state
hunting license or fishing license if required and shall accompany such orphans
on the hunt or fishing excursion for which the permit is granted. The Director may
issue such permit when the above conditions have been complied with.

1952 (47) 2179.

§ 28-34. Youths under fourteen.

Repealed by 1952 A. & J. R. (47 St at L.) pp 2179 to 2219.

Article 3.
Relations with Federal Government ; Certain State-Owned Lands.

§ 28-42. Agreements with United States respecting wild life of national for-
est lands.

The Department may enter into a cooperative agreement with the United States
Goverment, or with the proper authorities thereof, for the protection and manage-
ment of the wild life resources of the national forest lands within the State and
for the restocking of the same with desirable species of game, birds and other
animals and fish.

1952 (47) 2179.

§ 28-43 1952 Supplement 104

§ 28-43. Powers of Director over such lands.

The Director of the Division of Game may close all hunting and fishing within
such lands so contracted for with the Federal Government for such period of time
as may, in the opinion of the Director, be necessary. He may from time to time pre-
scribe the season for hunting and fishing therein, fix the amount of fees required
for special hunting and fishing licenses and issue such licenses, prescribe the num-
ber of animals and game, fish and birds that shall be taken therefrom and the size
thereof, and prescribe the conditions under which the same may be taken.

1952 (47) 2179.

§ 28-44. Penalties.

Any person violating any of the rules so promulgated by the Director or who
shall hunt or fish upon such lands at any time, other than those times specified by
the Director, shall, upon conviction therefor, be fined not less than twenty-five dol-
lars nor more than one hundred dollars or imprisoned for not less than ten days
nor more than thirty days, for each offense.

1952 (47) 2179.

§ 28-46. Funds from certain agreement to be used on Santee-Cooper lands.

All money collected by the Department on the Santee-Cooper area under the
provisions of an agreement between the United States Wildlife Service and the
Department in accordance with § 28-41 or collected under any act of the Legislature
pertaining to such area, shall be placed by the Department with the State Treasurer
and placed to the credit of the Santee-Cooper project to be disbursed by the De-
partment solely for game and fish protection and propagation on the Santee-Cooper
lands and waters.

1952 (47) 2179.

§ 28-47. Assent to Act of Congress providing aid in wild life projects, etc.

The State hereby assets to the provisions of the Act of Congress entitled "An
Act to provide that the United States shall aid the States in wildlife restoration
projects, and for other purposes," approved September 2, 1937 (Public, No. 415,
75th Congress), and acts supplementary thereto or amendatory thereof, and the
Department shall perform such acts as may be necessary to the conduct and estab-
lishment of cooperative wild life restoration projects, as defined in said act of
Congress, in compliance with said act and with rules and regulations promulgated
by the Secretary of Agriculture thereunder. No funds accuring to the State from
license fees paid by hunters shall be diverted for any other purpose than the ad-
ministration of the Department.

1952 (47) 2179.

CHAPTER 2.

South Carolina Wildlife Resources Department.

Article 1. Article 2.

South- Carolina Wildlife Resources Game Wardens, § 28-121.

Commission, § 28-91.

Article 1.
Soutli Carolina Wildlife Resources Commission.

§ 28-91. Head and governing board of the Department.

The head and governing board of the South Carolina Wildlife Resources Depart-
ment shall be a commission to be known as the South Carolina Wildlife Resources

105 Code of Laws of South Carolina, 1952 § 28-96

Commission, which shall be composed of seven members, one from each congres-
sional district in the State, and one at large,
1952 (47) 1693.

§ 28-92. Appointment; chairman; terms.

They shall be appointed by the Governor, by and with the advice and cansent
of the Senate. One of the members shall be designated by the Governor to serve
as chairman. Two of the original appointees shall be appointed for terms of office
of two years, two for terms of office of four years, and three for terms of office of
six years. Their successors shall be appointed in like manner for terms of office
of six years, and until their successors shall have been appointed and qualified.

1952 (47) 1693.

§ 28-93. Vacancy; pay; expenses.

All vacancies on the Commission occurring shall be filled for the unexpired
term in the manner of original appointment. Each member shall receive compensa-
tion in the amount of one hundred dollars per annum, and official expenses as pro-
vided by law for state employees on public business.

1952 (47) 1693.

§ 28-94. Commission through two divisions act for the Deparment.

All functions, duties, powers and authority of the South Carolina Wildlife Re-
sources Department shall be performed, exercised and discharged by or under the
supervision and direction of the South Carolina Wildlife Resources Commission, in
and through two divisions, the Division of Game (embracing the work and functions
of the conservation of game and the execution and enforcement of the regulatory,
tax and license laws of the State relating to birds, non-migratory fish, game and to
fishing other than commercial fishing, shell fish, shrimp, oysters, oyster leases and
fisheries) and the Division of Commercial Fisheries (embracing the work and
functions of the conservation of oysters, shrimp, shell fish, fisheries, and all fish
taken in commercial fishing, and in fostering and developing industries in relation
thereto, and in the execution and enforcement of the regulatory, license and tax
laws of the State relating to commercial fishing, shell fish, shrimp, oysters, oyster
leases and fisheries.)

1952 (47) 2890.

§ 28-95. Division of Game.

The Division of Game shall consist of a director and such clerical, stenographic,
technical, field, and enforcement employees as may be necessary, to be employed
by the Director, with the approval of the Commission.

1952 (47) 2890.

§ 28-96. Director of Division of Game.

The Director of the Division of Game shall be employed on and after July 1
1954 by the Commission for such term and compensation, not greater than the
term and compensation provided by law for the Chief Game Warden as of June
30 1954 as shall be fixed by the Commission in its judgment. Until July 1 1954
the~incumbent Chief Game Warden shall serve as Director. A vacancy in the
position of Director shall be filled by employment by the Commission in the manner
of original employment.

1952 (47) 2890.

§ 28-97 1952 Supplement 106

§ 28-97. Division of Commercial Fisheries.

The Division of Commercial Fisheries shall consist of a director and such clerical,
stenographic, technical, field, and enforcement employees as may be necessary, to
be employed by the Director with the approval of the Commission, and also a Com-
mercial Fisheries Advisory Board..

1952 (47) 2890.

§ 28-98. Director of Division of Commercial Fisheries.

The Director of the Division of Commercial Fisheries shall be a person who, by
education, training and experience is versed in the conservation of the oyster, shell
fish, shrimp, and commercial fishing resources of the State, and is qualified to
foster the development of the oyster, shell fish, shrimp and commercial fisheries in-
dustry of the State and to supervise the enforcement of the conservation, regula-
tory, license and tax laws of the State relating to oyster, shell fish, shrimp and
commercial fishing and fisheries. He shall be employed by the Commission for such
term and compensation as shall be fixed by the Commission, with the approval of
the State Budget and Control Board. A vacancy in the position of Director shall
be filled by employment by the Commission in the manner of original employment.

1952 (47) 2890.

§ 28-99. Commercial Fisheries Advisory Board.

The Commercial Fisheries Advisory Board shall consist of three members pos-
sessing knowledge of oysters, shell fish, shrimp and commercial fishing, both from
a conservation and a commercial standpoint, who shall be appointed by the Gov-
ernor, and shall be residents of coastal counties which have a substantial commercial
fisheries industry. No two of whom shall be residents of the same county. The
first appointees shall be appointed for terms of one, two and three years, respectively,
and their successors shall be appointed for terms of three years each.

1952 (47) 2890.

§ 28-100. Same; hearings; actions against.

The Advisory Board shall hold the hearings and shall exercise the hearing and
determination powers and functions heretofore exercised by law by the State Board
of Fisheries in all matters relating to oysters, oyster leases, shell fish, shrimp and
commercial fishing, with appeals to the courts from the determinations and decisions
of the said Board in such matters as now provided by law for appeals from determi-
nations and decisions from the State Board of Fisheries. Any actions which may
now be maintained at law or in equity against the State Board of Fisheries shall
lie against the Advisory Board as to all matters in reference to which functions
are given to Advisory Board hereunder.

1952 (47) 2890.

§ 28-101. Same; advise Director of Division of Commercial Fisheries.

The Advisory Board shall also act as an advisory board to the Director of the

Division of Commercial Fisheries on such matters as he may refer to it.

1952 (47) 2890.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-102. Same; pay; expenses.

The compensation of the members of the Advisory Board shall be a per diem
of ten dollars for each day of attendance at meetings of the Board in the perform-

107 Code of Laws of South Carolina, 1952 § 28-128

ance of its functions, and the members thereof shall receive official expenses as
provided by law for state employees while engaged on public business.

1952 (47) 2890.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-103. Investigations; reports; recommendations.

The Department shall continuously investigate the game and fish conditions of
the State, particularly as to the enforcement of the laws looking to the conservation,
protection and replenishment of game and fish. It shall annually make report of its
activities to the General Assembly and recommend legislation and other action by
the General Assembly in its judgment conducive to the conservation of wild life.

1952 Code § 28-105; 1952 (47) 2890.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-104. Compensation.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-105. Duties.

This section amended by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894 and transferred
to § 28-103.

§ 28-111. Election, term, oath and bond of Chief Game Warden.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-112. Duties; contracts with wardens and dismissal thereof.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-113. Cooperation with Commission.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-114. Expenditure of funds; reports.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-115. Salary and expenses.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.
Article 2.
Game Wardens.

§ 28-121. Appointment and removal.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-122. Same; term in Aiken County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-123. Same; appointment in Cherokee County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-124. Same; removal in Charleston County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-125. Same ; term in Dillon County.

Repealed by 1952 A. & J. R. (47 St. at L.> pp 2890 to 2894.

§ 28-126. Same ; appointment in Georgetown County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-127. Same ; assistants in Georgetown County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-128. Same ; term in Lexington County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-129 1952 Supplement 108

§ 28-129. Same; election in Orangeburg County.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-130. Same; election in Union County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-131. Same; term in York County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.
§ 28-132. Commissions of wardens.

The Secretary of State shall transmit to the Director of the Division of Game
the commissions of all game wardens, and the Director shall deliver the commis-
sions to the game wardens only after they have filed oaths and bonds as provided
by § 28-133.

1952 (47) 2179.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-133. Oath and bond.

Every game warden appointed to protect the property of the State shall, before
entering upon the duties of his office, take and subscribe before a notary public, or
other officer authorized to administer an oath, an oath to perform the duties of the
office, and shall execute a bond with some reliable surety company approved by the
Director of the Division of Game in the sum of one thousand dollars for the faithful
discharge of his duties. Such bond and oath shall be transmitted to the office of the
Director who shall properly record the bond and oath and keep same on file in
his office.

1952 (47) 2179.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-134. Compensation of county game wardens.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-137. Full time and part time wardens in Colleton County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-138. Wardens in Pickens County to serve full time.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-140.1. Wardens search for and seize fish and game possessed unlawfully.

A duly commissioned game warden, upon making an affidavit before a magistrate
or in any court of the State, that there exists reasonable grounds to believe that
birds, fish or game are in possession of any person or any common carrier in viola-
tion of the law, is authorized to procure a search warrant and to open, enter and
examine all cars, warehouses and receptacles of common carriers in the State, when
he has reason to believe any game or fish is taken or held in violation of law, is, and
when such is found, to seize the same.

1952 (47) 2179

CHAPTER 3.
Commercial Fisheries Administrative Provisions.

§ 28-151. Definitions.
Whenever used in this chapter :

(1) "Fish" includes shrimp, terrapin, shellfish, turtles and porpoises;

(2) "Shellfish" includes oysters, clams, mussels and escallops and all immobile

fish having shells ;

109 Code of Laws of South Carolina, 1952 § 2S-163

(3) "Crustacean" includes crabs, shrimp, crayfish, stone crabs and any other
mobile fish having a shell ;

(4) "Bottoms" includes all of the tide lands of the State covered by water when
at the stage of ordinary high tide ; and

(5) "Fishing" or "fisheries" includes all operations involved in taking or catch-
ing fish and in preparing them or transporting them to market.

1952 Code § 28-752; 1952 (47) 2179.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-152. Term of office.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-153. Compensation of members of Board.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-154. Removal of members of Board.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-155. Duties of chairman.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-156. Chairman custodian of funds; bond.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-158. Office of Board; meetings.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-159. Jurisdiction of South Carolina Wildlife Resources Department.

The South Carolina Wildlife Resources Department shall have jurisdiction over
all salt water fish, fishing and fisheries, all fish, fishing and fisheries in all tidal
waters of the State and all fish, fishing and fisheries in all waters of the State where-
upon a tax or license is levied for use for commercial purposes. This includes the
following: all shellfish, crustaceans, diamond-back terrapin, sea turtles, porpoises,
shad, sturgeon, rock, herring and all other migratory fish.

1952 (47) 2890.

§ 28-160. Board to enforce laws.

The Division of Commercial Fisheries shall impartially enforce all laws pertain-
ing to fish and fisheries.

1952 (47) 2890.

§ 28-161. Collection of revenues.

The Division shall enforce all laws for collection of revenues due the State from
the fishing industries and leases of bottoms.
1952 (47) 2890.

§ 28-162. Experimental propagation of shellfish; reports.

The Department may expend such sums as it may deem advisable, not to exceed
one hundred dollars per annum, in the experimental propagation of shellfish upon
suitable bottoms and it shall report such experiments, the results thereof and its
conclusions therefrom to the Governor and the General Assembly in its annual
reports.

1952 (47) 2890.

§ 28-163. Launches.

The Department shall purchase, equip and maintain six launches, one for Charles-
ton County, one for Beaufort County, one for Georgetown County, one for Colle-

§ 28-163 1952 Supplement 110

ton County and the remaining two launches for the territory at large and may
provide for repairs to be made to launches, vessels, machinery and furniture as may
be necessary to keep them in serviceable condition. It shall see that the launches and
vessels and their appurtenances are at all times kept clean and otherwise in good
serviceable condition and may sell or exchange any launch or vessel belonging to
the police fleet and, in such case, reinvest the proceeds of such sale, or make further
exchanges as may appear to be necessary and best for the interest of the State.
1952 (47) 2890.

§ 28-164. Enforcement officers and other employees.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-165. Qualificaions of chief inspector.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2S90 to 2S94.

§ 28-166. Residence of chief inspector; compensation, oath, bond and term.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2S90 to 2S94.

§ 28-167. Chief inspector custodian of equipment.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-168. Bond and oath of secretary.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-169. Uniforms and badges.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-170. Duties of inspectors ; power of arrest.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-171. Duties of assistant inspectors.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-172. Authority of inspectors.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-173. Assistants to account for equipment.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2S94.

§ 28-174. Department may make rules, etc. ; penalties for violation.

The Department may adopt and promulgate rules and regulations for the gov-
ernment of the force under its control and for the control of fisheries, not contrary
to or inconsistent with the laws and policy of the State, having the force and
effect of law and may provide penalties for violation thereof not to exceed forfeiture
of license or privilege previously granted by the Department.

1952 (47) 2890.

§ 28-175. Reports of violations from inspectors.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-176. Monthly reports of assistant inspectors.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 28-177. Monthly reports of chief inspector.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2890 to 2894.

§ 23-178. Records of Division.
The records and documents in the office of the Division shall include :
(1) A record of leases granted for bottoms for the propagation of shellfish and

the subsequent changes of ownership thereof;

Ill Code of Laws of South Carolina, 1952 § 28-201

(2) The particulars and amounts of all licenses and permits of every kind issued ;

(3) A tabulated record of the quantity of each kind of fish taken in the waters
of the State, the commercial value thereof, the amount exported and the amount
consumed within the State;

(4) The number of men engaged in the various branches of the fishing indus-
tries and their approximate earnings ; and

(5) Any other matter which to them may appear advisable. All of such records
shall be at all times open for inspection by the Governor or the Comptroller General
or their accredited agents.

1952 (47) 2890.

§ 28-179. Prosecution of violators.

The Division may prosecute for violations of such laws when in its judgment
such prosecutions are for the best interests of industries or of the State and to
that end may employ counsel having special knowledge of the fisheries laws and
of the matters pertaining to fisheries and coastal conditions to work up and conduct
such prosecutions in the inferior courts and to assist the solicitor in the court of
general sessions and Supreme Court should he desire such assistance.

1952 (47) 2890.

§ 28-180. Definitions.

Provisions hereof transferred to § 28-151.

CHAPTER 4.
Atlantic States Marine Fisheries Commission.
§ 28-201. State members of Commission.

In pursuance of Article III of the Atlantic States Marine Fisheries Compact,
of which this State is a signatory, there shall be three members, hereinafter called
Commissioners, of the Atlantic States Marine Fisheries Commission, hereinafter
called the Commission, from this State. The first Commissioner from this State shall
be the Director of the Division of Commercial Fisheries ex officio, and the term
of any such ex officio Commissioner shall terminate at the time he ceases to hold
said office and his successor as Commissioner shall be his successor as Director of
the Division of Commercial Fisheries. The second Commissioner from this State
shall be a legislator and member of the Commission on interstate cooperation of
this State ex officio, designated by said Commission on interstate cooperation and
the term of any such ex officio Commissioner shall terminate at the time he ceases
to hold such legislative position or such position as Commissioner on interstate
cooperation and his successor as Commissioner shall be named in like manner. The
Governor, by and with the advice and consent of the Senate, shall appoint a citizen
as a third Commissioner who shall have a knowledge of and interest in the marine
fisheries problem. The term of such Commissioner shall be three years and he
shall hold office until his successor shall be appointed and qualified. Vacancies oc-
curring in the office of such Commissioner from any reason or cause shall be filled
by appointment by the Governor, by and with the advice and consent of the Senate,
for the unexpired term. The Director of the Division of Commercial Fisheries as
ex officio Commissioner may delegate, from time to time, to any deputy or other
subordinate in his department or office, the power to be present and participate,

§ 28-201 1952 Supplement 112

including voting as his representative or substitute, at any meeting of or hearing
by or other proceeding of the Commission. The terms of each of the initial three
members shall begin at the date of the appointment of the appointive Commissioner,
provided the compact shall then have gone into effect in accordance with Article II
thereof and otherwise shall begin upon the date upon which the compact shall
become effective in accordance with said Article II.

Any commissioner may be removed from office by the Governor upon charges
and after a hearing, but opportunity to be heard shall be given.
1952 (47) 2890.

CHAPTER 6.

Protection of Game.

Article 1. Article 6.

General Provisions, § 28-301. Foxes and Wildcats, § 28-421.

Article 2. Article 7.

Hunting Licenses, § 28-311. Special Provisions Relating to other

Article 3. Animals and Game, § 28-453.

Closed and Open Seasons, § 28-332. Article 8.

Article 4. Furs, Traps, ets., § 28-481.

Bag Limits; Transportation and Shipment, Article 9.

§ 28-371. Sanctuaries, Propagation, Preserves and

Article 5. Breeding, § 28-511.

Wild Non-Game Birds, § 28-401.

Article 1.
General Provisions.

§ 28-301. Penalty for violation of Federal migratory regulations.

The federal migratory bird treaty regulations being the supreme law of the
land under Article VI of the Constitution of the United States are hereby declared
to be the law of this State and the penalty for their violation shall be punishment of
not less than twenty-five dollars nor more than one hundred dollars fine or thirty
days imprisonment.

1952 (47) 2179.

§ 28-304. Keeping of certain game in cold storage.

It shall be unlawful to keep any of the birds or animals forbidden to be sold by
the terms of §§ 28-459 and 28-468 in cold storage or refrigerating plants except
in a private dwelling unless the bird or animal in cold storage, or the package
containing same, shall bear the name and address and the serial number and the
class of the hunting license of the owner of such bird or animal. Any person violat-
ing this section shall be fined not less than fifty dollars, nor more than one hundred
dollars, or imprisoned one day for each dollar fined or unpaid, either or both.

1952 (47) 2179.

Article 2.

Hunting Licenses.

§ 28-311. Requirement of licenses.

It shall be unlawful for anyone to hunt within this State without first procuring a
license to do so in the county in which he may propose to hunt or in an adjoining
county of this State, except landowners and members of their families hunting or
fishing on their own lands or in waters on their lands leased by them.

1952 Code § 28-311; 1952 (47) 2179.

§ 28-314. Same ; special provision for Saluda County.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

113 Code of Laws of South Carolina, 1952 § 28-325

§ 28-315. Form of license.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-316. Hunting licenses made of cloth or paper.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-318. Game wardens not to post-date licenses.

All game wardens and their respective agents in this State are hereby prohibited
from post-dating any hunting license. Any game warden or his agent violating the
provisions of this section shall be guilty of a misdemeanor and punished by a fine
of not less than twenty-five dollars or more than one hundred dollars or thirty
days imprisonment.

1952 (47) 2179.

§ 28-319. Sale or issuance outside of the State.

No hunting license shall be sold or issued outside of the boundaries of this State.
1952 (47) 2179.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.
I

§ 28-320. Licensee to possess and display certificate on demand.

Every licensee shall carry on his person the hunting license and upon demand
shall show it to any game warden or officer of the law. Anyone violating the pro-
visions hereof shall, upon conviction be sentenced to pay a fine of not less than
twenty-five dollars nor more than one hundred dollars or thirty days imprisonment.

1952 (47) 2179.

§ 28-321. Issue of duplicate licenses.

Duplicate hunting license shall only be issued by the Director, upon affidavit from
licensee as to loss of original hunting license purchased, upon payment by licensee
of the cost of the duplicate.

1952 (47) 2179.

§ 28-322. Loan, etc., of license unlawful.

It shall be unlawful for any person to borrow, loan or exchange a hunting license
with another person. A violator of this section shall be liable to the penalties of
§ 28-320.

1952 Code, § 28-322; 1952 (47) 2179.

§ 28-323. General penalty.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-324. Penalties for lending, etc. license.

Any person convicted of borrowing, lending or exchanging a hunting license
with another person, in addition to suffering the penalties set forth in § 28-320, shall
forfeit such hunting license and all right to such hunting license and be prohibited
from procuring another hunting license for the season for which the hunting license
so borrowed, exchanged or loaned was issued. Should a person attempt to hunt or
hunt while laboring under such prohibition, such person shall be guilty of hunting
without the proper hunting license and subject to the penalty now provided by
law for hunting without license.

1952 Code § 28-324; 1952 (47) 2179.

§ 28-325. Penalties for nonresident hunting without license.

The penalty for a nonresident hunting without a nonresident hunting license in
this State shall be a fine of not less than fifty dollars nor more than one hundred

§ 28-325 1952 Supplement 114

dollars or imprisonment for not less than ten days nor more than thirty days for
the first day of such offense, and five dollars per day additional for each successive
day of such offense.
1952 (47) 2179.

Article 3.

Closed and Open Seasons.

§ 28-332. Same ; closed season on pheasants until 1957.

Until April 24, 1957, it shall be unlawful to hunt and kill with firearms or trap
pheasants in this State except within the confines of privately owned preserves duly
licensed by the Director.

1952 (47) 2179.

§ 28-334. Same; special provisions for Game Zone No. 2.

There are hereby created open and closed seasons for the hunting of game in
Game Zone No. 2 as follows :

( 1 ) There shall be no open season for the hunting of turikeys ;

(2) There shall be no open season for the hunting of deer;

(3) The open season for hunting raccoons and squirrels shall be from October
1 to February 15 of each year.

(4) The open season for the hunting of opossum shall be from September 1st
to February 15th of each year; and

(5) The open season for the hunting of rabbits and quail shall be from and
including Thanksgiving Day to February 15th of each year but rabbits may be
hunted without guns, and with dogs only from September 1st to Thanksgiving
Day of each year.

Any violation of any of the provisions of this section and § 28-358 shall be
punishable by a fine of not more than one hundred dollars nor less than ten dollars
or by imprisonment for not more than thirty days.

1952 Code § 28-334; 1952 (47) 2179.

§ 28-334.1. Same; exceptions for Anderson County.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-335. Seasons to hunt game birds and animals in Game Zone No. 4.

The open season for the hunting with firearms of rabbits, quail, and all other
game birds or animals, except those coming under the provisions of the Federal
Migratory Bird Treaty, in Game Zone No. 4 shall be from Thanksgiving Day to
February first of the following year, both dates inclusive,

except that bobwhite quail in game zone No. 4 may be hunted from Thanksgiv-
ing Day to February first, both inclusive, of each year. Any violation of any of the
provisions of this paragraph shall be punishable by a fine of not more than one
hundred dollars nor less than ten dollars or imprisonment for not exceeding thirty
days, and

except that squirrels in Game Zone No. 4 may be hunted from the first day of
October of each year until the first day of March of the following year, both dates
inclusive. It shall be unlawful for any person to hunt squirrels in any of the coun-
ties comprising said zone except during the open season, and any person so doing
shall be guilty of a misdemeanor and. upon conviction, lie punishable by a fine of not

115 Code of Laws of South Carolina, 1952 § 28-342

more than one hundred dollars nor less than ten dollars or imprisonment for not
exceeding thirty days, and

except that domestic doves in Game Zone No. 4 may be hunted from September
fifteenth to October fifteenth, both dates inclusive.

Any violation of any of the provisions of these paragraphs shall be punished by a
fine of not more than one hundred dollars nor less than ten dollars, or imprison-
ment for not exceeding thirty days.

1952 (47) 2179.

§ 28-336. Same ; § 28-335 not applicable to Lancaster County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-338.1. Special provisions for Game Zone No. 7.

There are hereby created open and closed seasons for the hunting of game in
Game Zone No. 7 as follows:

( 1 ) There shall be no open season for the hunting of turkeys until April 24,
1954;

(2) The open season for the hunting of buck deer shall be from September 15th
to January 1st, inclusive;

(3) There shall be no open season for the hunting of female deer;

(4) The open season for the hunting of raccoon, mink, muskrat and otter shall
be from September 15th to March 1st, inclusive;

(5) The open season for the hunting of squirrels shall be from October 1st to
February 1st, inclusive;

(6) The open season for the hunting of quail shall be from sunrise to sunset on
Thanksgiving Day and Friday and Saturday following and from the second Mon-
day in December to February 1 5th, inclusive ; and

(7) There shall be no closed season for the hunting of opossums, rabbits or
foxes.

1952 (47) 2179.

§ 28-338.2. Same; presumption from possession of excessive game.

Any person having in his possession on any lake, strsam, river, or their tribu-
taries, going to or coming from such lake, stream, river, or their tributaries, or in
the fields or woods, or going to or coming from the fields or woods, any game in
excess of the limits set out in § 28-376.1 or in any state statute shall be presumed
to have killed or caught the same.

1952 (47) 2179.

§ 28-338.4. Quail and partridges in Clarendon and Sumter Counties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-339. No wild turkey open season until 1954 in Lexington and Sumter
Counties.

Repealed by 1952 A. cS: J. R. (47 St. at L.) pp 2179 to 2219.
§ 28-339.1. Quail, partridges and rabbits in Bamberg County.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-340. Opossums in Beaufort County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-342. Exceptions for Chesterfield County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-343 1952 Supplement 116

§ 28-343. Exceptions for Clarendon County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-344. Deer and game birds in Colleton County.
Repealed by 1952 A. & J. R. (47 St. at L-l pp 2179 to 2219.

§ 28-344.1. Quail and partridges in Darlington County.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-345. Quail in Edgefield County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-346. Doves in Florence County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-348. Domestic doves in Lancaster County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-348.1. Quail and partridges in Lee County.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-349. Exceptions for Lexington County.

Repealed by 1952 A. & J. R. (47 St. at L.) p£ 2179 to 2219.

§ 28-351. Closed season on wild turkeys until 1953 in Marlboro County.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-352. Deer, quail and squirrels in Marlboro County.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-353. Open season on wild turkey, Richland County.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-354. Deer in Sumter County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-356. When raccoons and squirrels may be killed out of season.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-359. Closing or shortening season on game in waters or swamps during
abnormal conditions.

The Director may in his discretion declare a closed season for a period of not
over ten days at any one time on any of the waters or swamps in the State when it
shall appear to him on account of abnormal conditions, such as freezes or freshets,
that deer or other game cannot protect themselves. The Director shall give notice
of the closed or shortened season so declared by publication in at least two daily
newspapers and in a newspaper of the count}- in which the closed or shortened
season is declared if such county has a newspaper therein, stating the length of
period of such closed or shortened season. Any person found hunting with gun or
dog within the restricted territory during a closed season so declared, shall be
prima facie guilty of a violation of the provisions of this section, regardless of
whether he has killed any game or not. The penalty for a violation of the provi-
sions of this section shall be a fine of not less than fifty dollars nor more than one
hundred dollars, or imprisonment for not less than thirty days.

1952 Code § 28-359; 1952 (47) 2179.

§ 28-360. Applicability of certain sections to Game Zone No. 4 generally and
to Lancaster County.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

117 Code of Laws of South Carolina, 1952 § 28-384

§ 28-361. Shortening hunting season to preserve game in Zone No. 4.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

Article 4.
Bag Limits; Transportation and Shipment.

§ 28-371. Bag limits for quail, partridges and turkeys.

The bag limit for quail or partridges shall be fifteen per day to the hunter and
the bag limit for wild turkeys shall be two male turkeys per day and a total of five
per season to the hunter.

1952 Code § 28-371; 1952 (47) 2179.

§ 28-374. Limit for rabbits in Game Zone No. 4.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-375. Same; section inapplicable to Lancaster and York Counties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-377. Limits for quail in Clarendon and Saluda Counties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-378. Limits in Colleton County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-379. Limit on turkeys in Richland County until June 9, 1954.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-380. Limit for squirrels in York County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-382. Limit for shipment of game within the State.

It shall be lawful for a person to ship during any one week not over the bag
limit for two days, as provided by law, of any domestic game birds or animals to
any private address in this State when he shall have conformed to the rules and
regulations prescribed by the Director under § 28-383.

1952 (47) 2179.

§ 28-383. Label.

Any person so desiring to ship game birds or animals as above described during
the open season for such game birds or animals or within five days after the closing
of the same shall make application to the Director or his deputy and upon such
application the Director or his deputy, if it shall appear to him that such shipment
is for private and personal use and not for the sale of such game birds or animals,
shall issue to the applicant a tag or label for use in shipping such game birds or
animals. Such label shall be of such design and in such form as the Director shall
prescribe.

1952 (47) 2179.

§ 28-384. When transportation company not to receive game.

It shall be unlawful for any transportation company to receive for shipment any
of the game birds or animals of the State, except in season, and unless the package
containing them shall be so labeled as to show the consignor or consignee and the
number and kind of game birds or animals.

1952 (47) 2179.

§ 28-387 1952 Supplement 118

§ 28-387. Shipping of game beyond State limits by landowner or licensee.

It shall be lawful for any landowner or licensee to ship beyond the limits of this
State during any one week not over the bag limit for one day, as provided by law,
of any domestic game birds or animals, when he shall have conformed to the rules
and regulations prescribed by the Director under this section. Any landowner or
licensee desiring to ship domestic game birds or animals beyond the limits of the
State, during the open season for such game birds or animals, shall make applica-
tion to the Director, giving location of property and class and serial number of
license held and upon such application, if it shall appear to the Director that such
shipment is for private, personal or charitable use and not for sale of such game
birds or animals he may issue to the applicant a tag or label for use in shipping
such game birds and animals, said tag or label to be of such design and in such
form as the Director shall prescribe. Any person shipping or receiving for ship-
ment beyond the limits of the State any domestic game birds or animals in viola-
tion of the provisions of this section shall be liable to a fine of not less than fifty
dollars nor more than one hundred dollars, or imprisonment for thirty days for
each and every offense.

19S2 (47) 2179.

Article 5.

Wild Non-Game Birds.

§ 28-401. Killing, etc. of wild nongame birds; buzzards; nests and eggs of
wild birds.

No person within the State shall kill, catch or have in his possession, living or
dead, any resident or migratory wild bird other than a game bird or buzzard or
purchase, offer or expose for sale any such wild non-game bird after it has been
killed or caught, except as permitted by § 28-405 and § 28-406.

1952 (47) 2179.

§ 28-402. Sale of plumage, skin or body of such birds.

No part of the plumage, skin or body of any bird protected by § 28-401 shall be
sold or had in possession for sale, and this irrespective of whether such bird was
captured or killed within or without the State.

1952 (47) 2179.

§ 28-403. Destruction of eggs or nests of wild birds.

No person within the State shall take or destroy, or attempt to take or destroy,
the nest or the eggs of any wild bird, or have such nest or eggs in his possession,
except as permitted in § 28-401.

1952 (47) 2179.

§ 28-404. Wild non-game birds not to be transported.

It shall be unlawful for any common carrier, its officers, agents or servants, to
ship, carry, take or transport, either within or beyond the confines of the State,
any resident or migratory wild non-game bird, except as permitted by § 28-406.

1952 (47) 2179.

§ 28-405. Exceptions to §§ 28-401 to 28-404.

Sections 28-401 to 28-404 shall not apply to any person holding a certificate giving
the right to take birds, their nests or eggs, for strictly scientific purposes, as pro-
vided for in § 28-406, nor shall anything contained in §§ 28-401 to 28-404 prevent

119 Code of Laws of South Carolina, 1952 § 28-426

any householder from keeping resident or migratory birds, whether game or non-
game, in aviaries or cages as pets or for experimental and breeding purposes or
from trapping or catching them for such purposes on his own lands and if they
are not kept for barter, sale or exchange.
1952 (47) 2179.

§ 28-406. Issue of certificates.

Certificates may be granted by the Director to any properly accredited person
of the age of fifteen years or upwards, permitting the holder thereof to collect birds,
their nests or eggs, for strictly scientific purposes only. In order to obtain such
certificate the applicant for the same must present to the Director written testi-
monials from two well known ornithologists, certifying to the good character and
fitness of the applicant to be entrusted with such privilege, and must pay to such
office one dollar to defray the necessary expenses attending the granting of such
certificate. On proof that the holder of such certificate has captured or killed any
bird, or taken the nest or eggs of any bird for other than scientific purposes, the
certificate shall become void and he shall be liable to a fine of not more than one
hundred dollars, or imprisonment not exceeding thirty days. The certificates author-
ized by this section shall expire on the thirty-first day of December of the year
issued, and shall not be transferable.

1952 (47) 2179.

§ 28-407. Penalties.

Any person violating any of the provisions of §§ 28-401 to 28-404 shall be guilty
of a misdemeanor, and shall be liable to a fine of not less than one dollar nor more
than five dolars for each bird, living or dead, or part of a bird, or nest or set of
e ggs. or P art thereof, killed or captured or possessed, in violation of said sections,
or be imprisoned in the county jail for not more than thirty days.

1952 (47) 2179.

Article 6.

Foxes and Wildcats.
§ 28-421. When may hunt foxes.

Foxes may be hunted any time except that firearms may not be used between
January second and August fifteenth.

1952 (47) 2179.

§ 28-422. Same; exception for Game Zone No. 2.

The open season for hunting of foxes in Game Zone No. 2 shall be from Sep-
tember first to March first and then only with dogs.

1952 Code § 28-422; 1952 (47) 2179.

§ 28-423. Same; exception for Game Zone No. 4.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-424. Same; exceptions in certain counties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-425. Same; exception for Berkeley and Dorchester Counties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-426. Same; exception for Aiken County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-427 1952 Supplement 120

§ 28-427. Same; exception for Beaufort Couny.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-428. Same; exception for Darlington County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-430. Same; exception in Chesterfield County.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-431. Same; bounties for killing in Colleton County.

The governing body of the county and other governing bodies in the county
may pay such bounties as they deem proper for the lawful killing of foxes and may
establish such regulations with respect to the payment of such bounties as they
deem proper in the circumstances.

1952 (47) 2179.

§ 28-432. Same ; exception in Edgefield County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-433. Same; exception for Kershaw County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-434. Same; exception in Saluda County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-435. Same; exception for Williamsburg County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-437. Foxes destroying property or during rabies epidemic.

Whenever it shall appear that foxes are destroying birds, poultry, pigs, lambs
or other property in any county in this State or there is an apparent epidemic of
rabies in same the Director, upon the written request of a majority of the legisla-
tive delegation of any such county, shall declare an open season on foxes, with
the use of firearms, in such county for such period of time as the delegation may
deem desirable.

1952 (47) 2179.

§ 28-439. Bounty for foxes killed in Anderson, Greenville and Laurens Coun-
ties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

Article 7.
Special Provisions Relating to Other Animals and Game.

§ 28-453. Same; absolute prohibition in Edgefield County.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-457. Forfeiture of vehicles, etc., used in hunting deer at night.

Every vehicle, boat, animal and firearm used in the hunting of deer at night is
hereby declared forfeited to the State and shall be confiscated by any peace officer,
who shall forthwith deliver the same to the Director or his duly authorized agent.
The term "hunting" as used in this section in reference to a vehicle or boat shall
include the transportation of a hunter to or from the place of hunting and the
transportation of the carcass, or any part thereof, of a deer which has been un-
lawfully killed at night.

1952 (47) 2179.

121 Code of Laws of South Carolina, 1952 § 28-464

§ 28-458. Sale of such vehicles, etc.

The Director or his authorized agent shall sell any such vehicle, boat, animal or
firearm at public auction for cash to the highest bidder, in front of the county court-
house in the county where same is confiscated, after having given ten days' public
notice of such sale by posting advertisement thereot on the door or bulletin board
of the county courthouse or by publishing such advertisement at least once in a
newspaper of general circulation in the said county. Upon such sale the Director
shall pay over the net proceeds thereof, after payment of the proper costs and
expenses, if any, of the seizure, advertisement and sale, including any proper ex-
pense incurred for the storage of such vehicle or boat or for the housing and feed-
ing of such animal pending the sale, to the State Treasurer for deposit in the game
protection fund. But wherever said vehicle or boat or animal is of greater value
than one thousand dollars, the owner thereof may at any time before sale redeem
the same by paying to the Director for deposit as aforesaid, the sum of one thou-
sand dollars therefor.

1952 (47) 2179.

§ 28-459. Buying or selling deer.

It shall be unlawful to buy or sell, offer for sale or barter, or to have in posses-
sion for sale any deer or part thereof. For violation of this section, upon conviction
of the party shall be fined not less than twenty-five dollars nor more than one hun-
dred dollars or imprisoned for not more than thirty days for any deer or part
thereof so bought, sold, offered for sale, bartered or had in possession for sale.

19S2 (47) 2179.

§ 28-460. Possession of venison or fresh deer skins during closed season.

Any person in whose possession recently killed venison or fresh deer skins shall
be found during the closed season for hunting deer shall be guilty of a misdemeanor,
and upon conviction, be fined not more than one hundred dollars nor less than
twenty-five dollars or imprisoned not exceeding thirty days.

1952 (47) 2179.

§ 28-460.1. Possession of beheaded deer in transit in Game Zone No. 6.

It shall be unlawful in Game Zone No. 6 of this State for any person to have in
his possession any deer with the head detached, when such person is in transit from
any woods, swamps, fields or roads.

The possession of any deer with the head detached shall be prima facie evidence
that the deer is a doe. Provided, that this shall not apply to possession at a private
residence or place of business. Any person transporting a deer with the head de-
tached shall be subject to fine of not less than twenty-five dollars and not more
than one hundred dollars or thirty days' imprisonment, or both.

1952 (47) 1944.

§ 28-464. Catching, killing or detaining pigeons.

No person, except the owner thereof, shall catch, kill, capture or detain any
homing, racing or carrier pigeon, which at the time of its capture or detention has
the name or initials of its owner, its number or any other mark designating it as
a homing, racing or carrier pigeon. Any person violating the provisions of this
section shall be guilty of a misdemeanor and upon conviction shall be punished by

§ 28-464 1952 Supplement 122

a fine of not more than one hundred dollars or imprisonment of not exceeding
thirty days.
1952 (47) 2179.

§ 28-465. Coyotes destroying property or during rabies epidemic.

Whenever it shall appear that coyotes are destroying birds, poultry, pigs, lambs
or other property in any county in this State or there is an apparent epidemic of
rabies in same the Director, upon the written request of a majority of the legis-
lative delegation of any such county, shall declare an open season on coyotes, with
the use of firearms, in such county for such period of time as the delegation may
deem desirable.

1952 (47) 2179.

§ 28-466. Coyotes not to be brought into State ; trapping, releasing or killing.

It shall be unlawful to bring a coyote into the State in any manner, except one
brought into the State and kept in captivity for exhibition purposes, or to release
a coyote within the State. Any violation of this section shall be punishable by
imprisonment for not more than one year or by a fine not exceeding five hundred
dollars.

It shall be lawful for any person to trap or kill any coyote in this State at any
time. A permit shall be obtained from a game warden to trap coyotes outside trap
distance limits prescribed in § 28-490.

1952 (47) 2179.

§ 28-469. Raccoons and squirrels destroying crops.

Raccoons and squirrels may be killed by owners of crops from July fifteenth, if
such animals are destroying said crops.

1952 (47) 2179.

§ 28-470. Pheasant eggs.

It shall be lawful for anyone to own, possess, control, sell or otherwise dispose
of pheasant eggs within this State or to sell or otherwise dispose of such eggs
beyond the borders of the State, under such regulations as the Director may promul-
gate.

1952 (47) 2179.

§ 28-471. Rabbits destroying crops.

When in any section of any county, or in any county, rabbits are destroying crops,
the Director, upon request of a majority of the legislative delegation from such
county in writing, may declare an open season on rabbits that are destroying crops
for such period of time as may be deemed advisable to the protection of such crops.

1952 (47) 2179.

§ 28-474. Permit to poison predatory animals.

Any person desiring to put out poison on lands belonging to such person for
the purpose of poisoning predatory animals shall first obtain a permit from the
Director. He shall publish the dates such poison will be put out and describe the
areas where same will be placed by one notice in a newspaper published in the
county in which such lands are situate. Poison may not be put out on lands in
this State otherwise. Any person violating the provision of this section shall be
guilty of a misdemeanor and shall be subject to a fine of not less than twenty-five

123 Code of Laws of South Carolina, 1952 § 28-485

dollars, or more than one hundred dollars, or imprisonment of not less than ten
days or more than thirty days.
1952 (47) 2179.

Article 8.

Furs, Traps, etc.

§ 28-481. License to buy furs, hides, pelts, etc.

It shall be unlawful for any person to engage in the business of buying furs,
hides, except hides of domestic animals, pelts, or similar articles in this State with-
out first procuring a license to do so from the Director's office. Any resident of
this State may procure a State license for such purposes upon the payment of an
annual license fee of twenty-five dollars, which shall entitle such resident to pur-
chase such articles in all counties in the State. A nonresident engaged in the buy-
ing of such articles shall pay an annual license fee of one hundred dollars. Every
person engaged in the business of buying such articles shall be required to pur-
chase a separate license for each individual buyer.

It shall be unlawful for any person to borrow, loan or exchange a license.

Any person violating any of the provisions of this section shall be guilty of a
misdemeanor and upon conviction shall be fined not less than one hundred dollars
nor more than five hundred dollars or imprisoned for not less than thirty days nor
more than six months.

1952 (47) 2179.

§ 28-483. Tag for skins of game animals bought, stored or transported.

All persons buying, storing, shipping or transporting furs, pelts, skins or hides
shall make application to the game warden or his authorized deputy for a tag or
label, which shall be securely attached to the fur, pelt, skin or hide so bought, stored,
shipped or transported. Such tags or labels shall be of such design and in such
form as the Director may prescribe and the cost of such tags or labels to the per-
son buying, storing, shipping or transporting such furs, pelts, skins or hides shall
be according to the following schedules for each tag or label :

( 1 ) An otter or a red fox hide or skin, one dollar ;

(2) A raccoon, grey fox or mink hide or skin, fifteen cents;

(3) A skunk hide or skin, ten cents; and

(4) An opossum or muskrat hide or skin, five cents.

The tag shall be purchased in the county in which the furs, pelts, hides or skins
are bought, stored, shipped or transported.

The penalty for violation of this section shall be punishment by a fine of not
less than one hundred dollars, nor more than five hundred dollars, or imprisonment
for not less than thirty days, nor more than six months, for each and every offense.

1952 (47) 2179.

§ 28-485. Receipt for transportation without tag or package.

It shall be unlawful for any person to receive for shipment or transportation any
of the skins, furs, hides or pelts mentioned in § 28-483 except when there shall be
affixed to each package a stamp, tag or label furnished by the Director or his au-
thorized deputy, certifying that the tags or labels required to be attached to each
article contained in such package under the provisions of said section have been
properly attached and paid for. Any game warden or representative of the Director

§ 28-485 1952 Supplement 124

may open and inspect any package containing furs, pelts, hides or skins shipped or
transported for the purpose of ascertaining whether the tags provided for have
been properly attached to each article as required in said section. Any person vio-
lating the provisions of this section shall be guilty of a misdemeanor and, upon
conviction, shall be fined not less thari one hundred dollars, nor more than five
hundred dollars, or imprisoned for not less than thirty days nor more than six
months.

1952 (47) 2179.

§ 28-486. Reports of shipment.

Every person shipping or transporting skins, pelts, furs or hides shall make a
report to a game warden in the county on or before the fifteenth day of each month
stating the number of skins, pelts, furs or hides that have been shipped or trans-
ported during the preceding calendar month. The penalty for failure to make such
report shall be a fine of not less than one hundred dollars, nor more than five hun-
dred dollars for each offense, or imprisonment for not less than thirty days nor
more than six months for each offense.

1952 (47) 2179.

§ 28-487. Control of tags; proceeds of sale.

All tags or labels placed with any game warden or other person for sale and the
proceeds arising from the sale of all tags or labels are to be held in trust, subject to
the order of the Director. All funds arising from the sale of all tags or labels shall
be paid over to the Director at such times as he may direct and all unused tags or
labels shall be returned to the Director upon demand. All game wardens or other
persons with whom tags or labels are placed for sale shall be liable for the loss,
misplacement or destruction of such tags or labels while in their care to the full
extent of the value thereof. All game wardens or other persons who shall fail or
neglect to remit to the Director for all funds arising from the sale of tags or labels
or who shall fail or neglect to return to the Director any unused tags or labels,
upon demand of the Director for such funds or unused tags or labels, shall be
liable to a fine of not less than five hundred dollars or imprisonment for six months,
in addition to the full value of the tags or labels placed with the game warden or
other person for sale.

1952 (47) 2179.

§ 28-489. Use of "dead fall" trap prohibited for certain trapping.

The use of a trap commonly known as a "dead jail" for the catching or trapping of
animals is unlawful. Any person violating this section shall be guilty of a misde-
meanor, and upon conviction, shall be fined not less than twenty-five dollars nor
more than one hundred dollars or be imprisoned for more than thirty days.

1952 (47) 2179.

§ 28-491. Same; exception for Aiken County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-492. Same; exceptions in Wateree Swamp and Poinsett Area.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-493. Same; exception in Kershaw County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

125 Code of Laws of South Carolina, 1952 § 28-521

§ 28-494. Disposition of certain fees and fines.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

Article 9.
Sanctuaries, Propagation, Preserves and Breeding.

§ 28-511. Establishment of game sanctuaries.

The Director shall, without any cost whatsoever to the State, designate and
establish sanctuaries where game, birds and animals may breed, unmolested, if any
landowner shall enter into any agreement with the Director to set aside and turn
over to the State for such purpose any certain number of acres of land. There shall
be no hunting or trespassing upon such lands so designated as a sanctuary by any-
one for a period of five years from date of such agreement. The Director may post
such lands so designated as a sanctuary in the name of the State and prosecute
any person hunting or trespassing thereon. Any agreement entered into under the
authority herein given may be terminated at any time by the mutual consent of the
landowner and the Director. And anyone hunting or trespassing upon any land
designated as a sanctuary under the provisions of this section shall be fined for
each offense not less than one hundred dollars nor more than two hundred dollars
or imprisoned for not less than one nor more than six months.

1952 (47) 2179.

§ 28-515. Game sanctuary in Orangeburg County.

The Director may establish the area hereinafter designated as a game sanctuary
for such period or periods as he may fix, not to exceed five years from June 4
1949. The area referred to in this section contains approximately nine hundred acres
near Butaw Springs in Orangeburg County and is bounded on the north by Lake
Marion at 68 foot level, on the south by public road, South Carolina Highway S-38-
137, on the east by the Old Ferguson Railroad Bed, leading from said public road
to 68 foot water level in Lake Marion, and on the west by 70 foot water level on
the east side of Eutaw Creek. The boundary lines of the area shall be marked by
appropriate signs which clearly indicate that the area is closed only to hunting.
This section shall not be construed to prohibit fishing in this sanctuary.

1952 (47) 2179.

§ 28-520. Jackson National Forest game refuge.

The Director may take over the Jackson National Forest as a game refuge,
comply with the conditions required by the United States Government, through its
department of agriculture, with reference thereto and employ a game warden and
pay him a salary not to exceed the amount provided by law in order that he may
live on this property and protect it. The above-mentioned expenditures shall be
paid out of the game protection fund.

19S2 (47) 2179.

§ 28-521. Camp Moore game propagation farm.

The supervision of the game propagation farm on the property of the State in
Lexington County known as "Camp Moore" at Styx shall be under the direction
and authority of the Director. The distribution of game birds or animals raised on
said game propagation farm shall be made to citizens of the State upon requisitions
endorsed by the respective county legislative delegations, in such proportions and

§ 28-521 1952 Supplement 126

in such manner as may be deemed proper and appropriate by the Director for the
purpose of restocking any sections of the State that have been depleted.
1952 (47) 2179.

§ 28-522. Hunting clubs and game preserves.

All hunting clubs and game preserves in the State shall register with the Director
the name and location of such club or game preserve, giving the name and post
office address of each club or game preserve and the name and residence address
of each and every member of such club or game preserve. Such registration shall
be made on or before July 1st of each year of all clubs or game preserves in this
State by that time and all new clubs or game preserves established after July 1st of
each year shall be promptly registered with the Director. All new members taken
into any hunting club or game preserve shall be promptly registered with the
Director at the time they become members thereof. Between March 1st and April
1st of each year every hunting club or game preserve shall file a report with the
Director giving the number and kind of game birds and game animals killed or
taken by the members of such hunting club or game preserve during the hunting
season ending March 1st of each year. The penalty for violating any provision of
this section shall be a fine of not less than twenty-five dollars, nor more than one
hundred dollars, or imprisonment for not less than thirty days nor more than six
months.

1952 (47) 2179.

§ 28-523. Breeding game birds otber than pheasants for commercial purposes.

Any person desiring to engage in the business of raising, breeding and selling
any live game bird other than a pheasant in a wholly enclosed preserve or entire
island of which he is the owner or lessee, may make application in writing to the
Director for a license to do so and the Director when it shall appear that such
application is made in good faith shall, upon the payment of a fee of two dollars and
fifty cents issue to such applicant a breeder's license, permitting such applicant to
raise, breed and sell such game birds on such preserve or entire island and to sell
the same at any time for breeding or stocking purposes. Such license shall expire
on the last day of January of each year. Any person who secures a breeder's per-
mit from the Director may secure from the Director's office a permit allowing the
shipping of such live birds that he raises beyond the limits of the State.

It shall be unlawful for any person to engage in raising, breeding or selling for
stocking purposes such game birds without first obtaining a license therefor. Any
violation of this section shall be punishable by a fine of not less than twenty-five
dollars or imprisonment for not more than thirty days.

1952 (47) 2179.

§ 28-524. Breeding pheasants for commercial purposes.

Any person desiring to engage in the business of raising, breeding and selling
pheasants for breeding and stocking purposes, including the sale of dead birds
deemed unsuited for breeding purposes, in a wholly enclosed preserve of which
such person is the owner or lessee, may make application in writing to the Director
for a license to do so. The Director, when it shall appear that such application is
made in good faith, shall, upon the payment of a fee of two dollars and fifty cents.
issue to such applicant a breeder's license, permitting such applicant to raise, breed

127 Code of Laws of South Carolina, 1952 § 28-553

and sell pheasants on such preserve for breeding and stocking purposes, including
the sale of dead birds deemed unsuited for breeding or stocking purposes. Such
license shall expire on the last day of January of each year. Any person who
secures a breeder's permit shall render promptly to the Director's office a report of
the sale of each pheasant or eggs disposed of setting forth the purpose of such
sale and the amount realized, together with the name and address of the purchaser
in accordance with the reporting procedure which shall be formulated and promul-
gated by the Director.

It shall be unlawful for any person to engage in the raising, breeding and sale or
to have in possession any pheasant without first obtaining a license therefor, except
dead birds procured from a licensed breeder. Each violator of this section shall be
guilty of a misdemeanor and upon conviction shall be fined not exceeding one hun-
dred dollars or imprisoned for not more than thirty days.

1952 (47) 2179.

§ 28-525. Distribution of birds for restocking purposes in York County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

CHAPTER 7.

Protection of Fish, etc.

Article 1. Article 4.

Licenses Generally, § 28-551. Pollution, Poisoning, etc., of Streams;
Article 2. Dynamiting, § 28-671.

Restrictions on Fishing Generally, § 28-571. Article 5.

Article 3. Sale or Traffic in Fish, § 28-691.

Seines, Traps, Obstructions in Streams, etc., Article 6.

Generally, § 28-611. Fish Hatcheries and Fish Sanctuaries;
Article 3.1. Propagation, § 28-711.

Special Provisions for Game Zone No. 7,
§ 28-661.1.

Article 1.
Licenses Generally.

§ 28-551. Unlawful to fish with certain equipment without angler's license.

It shall be unlawful for any person to fish in fresh water of this State by use of a
fly rod, casting rod, artificial bait or any manufactured tackle or equipment other
than ordinary hook and line, unless he has at first obtained an angler's license.
But no license shall be required for fishing with traps or nets where fishing with
traps or nets is lawful.

1952 (47) 2179.

See § 28-311 for exemptions.

§ 28-552. When licenses not required of employees.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-553. License fee, use of receipts.

The license fee for such fishing in this State shall be one dollar and ten cents
per calendar year. Ten cents shall go to the agent issuing the license, and the
remaining portion shall be used solely for the rearing, protection, propagation and
distribution of fish, and the publicity and dissemination of information on facts and
findings as may, in the opinion of the Department and the Director, be deemed wise
and expedient.

1952 (47) 2179.

§ 28-554 1952 Supplement 128

§ 28-554. Nonresident licenses.

All nonresidents of this State, before fishing for game or other fish in any man-
ner in the inland streams or waters of this State, shall first procure a nonresident
fishing license, the fee for which shall be ten dollars and twenty-five cents. The
license shall be in form and design as designated by the Director and shall be
carried upon the person of the licensee at all times when fishing. It shall be unlaw-
ful to alter or to change the date or to back date any license by the licensee, the
selling agent or other person. Upon violation of this section the license shall im-
mediately be forfeited to the State. Any person violating the provisions of this
section shall, upon conviction, be fined not less than twenty-five dollars nor more
than one hundred dollars or be imprisoned for a period not exceeding thirty days
for each offense. All proceeds from the sale of nonresident fishing licenses shall be
credited to the county game fund of the county in which such licenses are sold and
the funds shall be expended in the respective counties for the propagation of fish and
game and for the enforcement of game laws.

1952 (47) 2179.

See § 28-311 for exemptions.

§ 28-556. License and certificate.

All persons applying for a license shall receive such license as may be provided.
Every person shall, while fishing, carry on his person his license, and shall show
it to any officer upon demand.

1952 (47) 2179.

28-557. Director to provide for licenses.

The Director of the Division of Game shall provide for the furnishing of licenses
under the terms of § 28-556 in accordance with the provisions concerning hunting
licenses.

1952 (47) 2179.
28-558. Penalties.

Anyone convicted of violating any of the provisions of this article except § 28-
554 shall be sentenced to pay a fine of not less than twenty-five dollars nor more
than one hundred dollars or serve not less than ten days or more than thirty days.

1952 (47) 2179.
§ 28-559. Reciprocal agreement with Georgia concerning recognition of li-
censes of persons fishing on certain waters.

The South Carolina Wildlife Resources Department may in its discretion negoti-
ate with the Georgia game and fish authorities for a reciprocal agreement concern-
ing recognition of licenses for the use of persons fishing on waters adjoined by the
two states.

1952 (47) 1926.

Former section repealed by 1952 A. & 1. R. (47 St. at L.) pp 2179 to 2219.

Article 2.
Restrictions on Fishing Generally.

§ 28-571. How game fish must be caught.

The catching of game lish in all waters of the Stale shall he only with hook and
line, fly rod, casting rod, pole and line and handline. Not more than two of the
above mentioned devices may be used by any one individual while fishing.

1952 (47) 2179.

129 Code of Laws of South Carolina, 1952 § 28-592

§ 28-573. Same ; exception for carp and catfish caught under license.

The Director may issue licenses to persons to catch carp and catfish in the waters
of the lakes referred to in § 28-572 by the use of baskets made from split wood,
commonly known as split wood baskets. The license fee shall be one dollar for
each split wood basket which the licensee proposes to use. In his application to the
Director any person desiring to be licensed to use split wood baskets in the area
shall state the number of baskets which he desires to use and the Director, if he
elects to license the applicant, shall issue to him a license tag which shall have such
mark of identification as may be determined or prescribed by the Director. No
license granted pursuant to this provision shall be effective for more than one year
and any such license may be for such shorter period of time as the Director may
prescribe. The Director may also prescribe regulations under which the basket may
be operated for the particular purposes herein named not inconsistent with the
provisions of this section. If, in the operation of these baskets, any fish other than
catfish or carp are caught the licensee shall put these back in the water. The
Director may also when, in his opinion, these destructive fish have become so re-
duced in number as not to hinder materially the multiplication of fish of more
desirable kind, discontinue the granting of such licenses.

1952 (47) 2179.

§ 28-574. Penalties to violate §§ 28-572 and 28-573.

Any person violating any of the provisions of §§ 28-572 and 28-573 shall be
guilty of a misdemeanor and shall be punished by a fine of not less than ten
dollars nor more than one hundred dollars or by imprisonment of not less than
ten days nor more than thirty days.

1952 (47) 2179.

§ 28-575. Certain methods of catching nongame fish prohibited in Colleton
County.

Repealed by 1952 A. & J. R. (47 St. at L.} pp 2179 to 2219.

§ 28-577. When closed seasons declared on clear water streams.

The Director shall declare a closed season for a period of not more than sixty
days at any one time on fish in any clear water stream in this State on the written
recommendation of the Senator and at least one-half of the Representatives from
any county in which such clear water stream may be situated.

Any person who shall take fish from any such clear water stream during any
such closed season shall, on coviction, be fined not less than fifty dollars nor more
than one hundred dollars or imprisoned for not less than thirty days.

1952 (47) 2179.

§ 23-578. Notice of such closed season.

The Director shall give notice of the closed season so declared by publication in
at least two daily newspapers, including a newspaper in the county in which the
closed season is declared if such county has a newspaper therein, stating therein
the length of period of such closed season.

1952 (47) 2179.

§ 28-592. Limits for part of Clarendon County.

Repealed by 1952 A. & J. R. [47 St. at L.) pp 2179 to 2219.

§ 28-593 1952 Supplement 130

§ 28-593. Limits from certain waters in Game Zone No. 2.

******

It shall be unlawful for any person to take and bag a bass less than ten inches in
length and other game fish less than six inches in length from such waters in Game
Zone Xo. 2. The measurement shall be made from the tip of the head to the tip
of the tail.

Any person violating any of the provisions of this section shall be guilty of a
misdemeanor and shall be punished by a fine of not less than ten dollars nor more
than one hundred dollars or by imprisonment of not less than ten days nor more
than thirty days.

1952 (47) 2179.

§ 28-594. Restrictions on Prestwood Lake. Darlington County.

It shall be unlawful to catch and carry away any flat fish under six inches in
length from Prestwood Lake, in Darlington County.

1952 (47) 2179.

§ 28-598. Unlawful fishing in private pond without permission.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-599. Certain penalties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-600. Owners of pond must have permit to catch fish therein for propa-
gation.

Persons owning private ponds in this State may catch fish therein with traps or
nets for propagation purposes only after the issuance of a permit from the Director.
The Director may issue such rules and regulations as in his judgment are proper,
concerning the issuance of such permit, the length of time that each permit will be
of force, and the conditions on which issued. He may revoke such permits in his
discretion. Xo permit shall be issued unless it be endorsed in writing by a game
warden in the county in which it is to be used.

1952 (47) 2179.

Article 3.

Seines, Traps, Obstructions in Streams, etc., Generally.

§ 28-611. Use nets, traps, seines, trot-lines, or other devices only to catch
non-game fish.

Gill nets, not to extend more than halfway across a stream, lake or pond, traps,
seines, trot-lines or other device which does not block the passage of fish in streams
may be used only in the muddy streams, creeks and inland waters of the State for
the purpose of catching non-game fish. Nothing herein contained shall apply to
fishing with dip nets or skim-bow nets used by hand for the purpose of catching
non-game fish.

Any person using a seine, net, plan or device other than as provided in this
section, and § 28-612, contrary to law, upon conviction, shall be fined not less than
twenty-five dollars nor more than one hundred dollars or be imprisoned for a
period of not more than thirty days.

1952 (47) 2179.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

131 Code; of Laws of South Carolina, 1952 § 28-627

§ 28-612. Closed season on such use of seines, etc.

There shall be a closed time, in the muddy streams, creeks and inland waters of
the State from the setting of the sun each Saturday until the rising of the sun
each Wednesday, during which time all seines, nets or any plan or device for
the stoppage or collecting of fish, which obstructs any portion of any such streams,
creeks or inland waters, shall be removed from such waters.

1952 (47) 2179.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219

§ 28-612.1. Seizure and forfeiture of such seines, etc.

Whenever any seine, net or any plan or device for the stoppage or collecting of
fish, contrary to law, shall be used, any game warden or any law enforcement officer
may, in the name of the State, seize and hold such seine, net or plan or device for
the stoppage or collecting of fish, and to use the same as evidence for the purpose
of convicting any person violating the provisions of §§ 28-611 and 28-612; and,
upon conviction, of any person so using such seine, net, plan or device for the
stopping or collecting of fish, the same shall be forfeited to the State and sold,
proceeds of such sale to be transmitted to the credit of the game protection fund.

1952 (47) 2179.

§ 28-617. Confiscation of seines, etc., in portions of Game Zone No. 2.

Repealed hy 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-618. Use of seines, etc., in certain counties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-619. Use of seines, etc., in other counties of Game Zone No. 5.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-620. Same ; time and character of nets that may be used in season.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-621. Same ; license to use nets.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-622. Same; penalties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-623. Same ; not applicable to shad.

Repealed by 1952 A. & J. R. (47 St. at L.\ pp 2179 to 2219.

§ 28-624. Shooting fish in Bamberg, Berkeley, Charleston and Dorchester
Counties.

It shall be unlawful for any person to shoot fish in any of the streams, lakes or
rivers or their tributaries (both muddy and clear water streams, inclusive) in the
counties of Bamberg, Berkeley, Charleston and Dorchester at any time during the
year.

1952 (47) 2179.

§ 28-625. Definition of set hook.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-626. Sale, etc., of nets in certain counties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-627. Catfish trap license.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-628 1952 Supplement 132

§ 28-628. Confiscation of nets, etc.; penalties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-632. Use of seine in waters of Anderson County restricted.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-633. Manufacture, use, etc., of seines, etc., in Anderson County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-634. Length of seines used on beaches in Charleston County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-635. Use of seines, etc., in Cherokee County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-636. Fishing with nets in Darlington County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-637. Seining in Spartanburg County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-638. Use of nets, seines, etc., in York County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-640. Stealing fish from trap or net.

Any person who shall take and carry away from any fish trap or net in the
waters of this State any fish caught and being in such trap or net, with intent to
defraud and deprive the owner or owners of such trap or net of such fish, shall be
deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not
exceeding two hundred dollars and imprisoned not exceeding six months.

1952 (47) 2179.
§ 28-641. Unlawful to put fish traps near dams erected by State on navigable
streams.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-642. Obstruction of navigation by fish traps.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-643. Nets not to obstruct passage of fish in Savannah River, near Au-
gusta.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-644. Fishing by nets, etc., on South Carolina side of Savannah River.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-645. Traps on South Carolina side of Savannah River.

Repealed by 1952 A. & J. R. [47 St. at L.) pp 2179 to 2219.

§ 28-646. Penalties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-647. Penalties for fishing unlawfully with traps.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-649. Permanent obstruction to migration of fish.

No permanent obstruction of any kind or nature whatever, other than a dam
for manufacturing purposes, shall be placed in any of the inland creeks, streams
or waters of the State, so as to obstruct the free migration of fish. Any person
violating the provisions of this section shall be deemed guilty of a misdemeanor
and upon conviction thereof before any court of competent jurisdiction, shall be

133 Code of Laws of South Carolina, 1952 § 28-666

fined in the sum of two hundred dollars or be imprisoned for a period of not less

than three or more than six months, or both, in the discretion of the court trying

the case.

1952 (47) 2179.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219

§ 28-650. Destroy such obstructions.

Whenever any such permanent obstruction shall be found, any warden or any

law enforcement officer shall have the authority in the name of the State to destroy

or take down such obstruction or so much of same as is necessary to again permit

the free migration of fish.

1952 (47) 2179. .

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219

§ 28-651. Penalties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-652. Seizure and forfeiture of such seines, etc.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-653. Construction of certain nshways.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-654. Designation of fish sluices ; obstruction thereof.

It shall be the duty of the governing body of the county to designate the fish
sluices on the several rivers so as to leave one or more passages for fish up such
rivers. Such sluices shall be sixty feet wide or, where there are two or more such
sluices, they shall be, together, sixty feet wide. When they shall be so designated,
it shall be lawful for any person to open such sluices. If any prson shall obstruct any
such sluice, when once opened, so as to prevent the free passage of fish up such
sluice, and every part thereof, he shall be guilty of a public nuisance and, on
conviction thereof in the court of general sessions, shall be fined one hundred
dollars and shall stand committed until such fine be paid for a time not exceeding
ten days, at the discretion of the court before which such conviction may take
place. Whenever a fish sluice in any of the rivers aforesaid shall have been des-
ignated as aforesaid, any stoppage of such sluice shall be regarded as a public
nuisance and may be abated as such.

1952 (47) 2179.

Article 3.1.

Special Provisions for Game Zone No. 7 .

§ 28-661.1. When may use set hooks in Florence County.

The use and possession of set hooks shall be lawful in Florence County when
only cut bait (as distinguished from live bait) is used and when no hook smaller
than a No. 3 hook is used.

1952 (47) 2220.

§ 28-666. Confiscation and destruction of fishing devices.

The game wardens shall confiscate and destroy all fish nets (shad, herring, shrimp
and prawn nets, as permitted by law excepted), fish traps, seines, trot lines and
set hooks in Game Zone No. 7 except when the use, sale, or possession thereof is
lawful under the terms of this article.

1952 (47) 2220.

§ 28-667 1952 Supplement 134

§ 28-667. Fishing for catfish.

The provisions of this article shall not apply to fishermen fishing for catfish
below the forty mile limit established by the Commercial Fisheries Advisor)' Board,
when the fishermen obtain from the county game warden in the county in which
they propose to fish a license to set traps for catfish, and shall pay to the game
warden the sum of one dollar for each trap. Each such trap shall be baited with
shrimp or menhaden.

1952 (47) 2179.

§ 28-667.1. Presumption from possession of excessive fish.

Any person having in his possession on any lake, stream, river, or their tribu-
taries, going to or coming therefrom, or in th» fields or woods, or going to or
coming therefrom, any fish in excess of the limits set out in this title shall be
presumed to have killed or caught the same.

1952 (47) 2179.

Article 4.
Pollution, Poisoning, etc., of Streams; Dynamiting.

§ 28-671. Pollution of waters so as to injure fish and shellfish.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-672. Poisoning waters, etc. to catch fish; discharge of injurious sub-
stance into waters.

It is unlawful to poison the streams or waters of the State for the purpose of
taking fish or to introduce, produce, or set up electrical currents or physical shocks,
pressures, or disturbances therein for the purpose of taking fish. The muddying
of streams or ponds or the introduction of any substance which results in making
the fish sick, so that they may be caught, is poisoning in the sense of this section.
No sawdust or acid or other injurious substance shall be discharged into any of
the streams of the State where fish breed or abound. Each violator hereof shall be
fined not less than twenty-five dollars nor more than one hundred dollars or be
imprisoned for not less than one day nor more than thirty days.

1952 (47) 2179.

§ 28-673. Casting impurities in streams prohibited.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-674. Using explosives to take fish.

It shall be unlawful for any persons to use dynamite, gun powder, lime or any
other explosive in or about any of the streams or waters in this state to take or
secure fish, to cause or to procure the same to be done, to aid, assist or abet any-
one in so doing or to have in his possession dynamite or any other explosive or
explosive device in any paddling boat, sail boat, motor boat, raft or barge, usually
used for fresh water fishing in any of the rivers, lakes, streams or waters within
this State.

Any person using explosives for the taking of fish or having in his possession
explosives in a paddling boat, motor boat, sail boat, raft or barge commonly used
for fresh water fishing in any of the rivers, lakes, streams and waters shall be guilty
of a misdemeanor and upon his conviction shall be sentenced to serve a term at
hard labor on the chaingang or in the penitentiary or to pay a fine as follows :
for the first offense a period of not more than three months or a fine of not more

135 Code of Laws of South Carolina, 1952 § 28-697

than five hundred dolars ; for the second offense a period of one year or a fine of
one thousand dollars ; and for the third offense a period of two years or a fine of
two thousand five hundred dollars.
1952 (47) 2179.

§ 28-675. Person convicted not to hunt or fish for period thereafter.

Any person convicted of violating any of the provisions of § 28-674 shall be pro-
hibited from hunting or fishing within the State for a period of five years, and
both his hunting and fishing license, if either has been issued to him, shall be im-
mediately revoked upon his conviction. Any person found fishing or hunting within
the State who has been convicted of a violation of said section within such five
year period shall be guilty of a misdemeanor, and upon conviction therefor, shall
be fined or imprisoned, in the discretion of the court.

1952 (47) 2179.

§ 28-676. Failure to report dynamiting.

Any person who sees another violating any of the provisions of § 2S-674 fails
to report the same to a law enforcement officer, within the county where the same
occurred, within two weeks thereafter, shall be deemed guilty of a misdemeanor
and upon conviction therefor, shall be fined or imprisoned, in the discretion of
the court.

1952 (47) 2179.

§ 28-677. Informers not subject to suit for slander, etc.

Any person who shall swear out a warrant, give information or testify as a wit-
ness against anyone for violating § 28-674, shall not be subject to a criminal prose-
cution for slander or malicious prosecution, neither shall he be subject to a civil
action for damages, in any court of competent jurisdiction for any alleged damages
to the person so accused growing out of or in connection with such use of explo-
sives.

1952 (47) 2179.

Article 5.

Sale or Traffic in Fish.

§ 28-691. Sale or traffic in game fish.

It shall be unlawful, at any time, to sell, offer for sale, barter or traffic in fresh
water game fish caught in this State or to sell, offer for sale, barter or traffic in
black bass, bream, red breast or trout regardless of where caught. Any violation
of this section shall be punishable by a fine of not less than fifty dollars or more
than one hundred dollars and imprisonment of not less than ten nor more than
thirty days.

1952 (47) 2179.
§ 28-693. Draw private pond and dispose of fish caught.

The owner of any private pond, in the presence of and under the supervision of
a representative of the Division of Game, may draw the same and dispose of the
fish caught at such drawing, by sale or otherwise. Any fish sold must be sold and
disposed of at the site of the pond in the presence of a representative of the Di-
vision of Game.

1952 (47) 2179.
§ 28-697. Disposition of fines and proceeds from the sale of fish.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28.711 1952 Supplement 136

Article 6.
Fish Hatcheries and Fish Sanctuaries ; Propagation.
§ 28-711. Acquisition of lands for fish hatcheries and nurseries.

The South Carolina Wildlife Resources Commission may acquire a sufficient
number or acres of land in close proximity to any dam, artificial lake, impounded
water or streams for the purpose of establishing fish hatcheries or fish nurseries.
In order to carry out the purposes of this section the same power and authority
of condemnation is hereby conferred upon the Commission that has been conferred
on state agencies under the State Authorities Eminent Domain Act.

This section is supplemental to § 28-712.

1952 (47) 2179.

§ 28-712. Same ; for United States fish hatcheries.

The Commission may lease, or purchase, a suitable number of acres of land in
this State for the purpose of allowing the United States fisheries to establish
thereon fish hatcheries. The expense of leasing, or buying, lands mentioned in this
section, and the protection and distribution shall be paid out of the game protec-
tion fund.

1952 (47) 2179.

§ 28-713. Limitation of funds for hatcheries in certain counties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-714. Funds for operation of fish hatcheries, York County.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-715. Distribution of fish raised in hatchery in Greenville County.

The distribution of fish raised in the hatchery on the lands donated in Greenville
County by J. Harvey Cleveland shall be under the direction and supervision of
the Director or his duly authorized deputies.

1952 (47) 2390.

§ 28-716. Establishment of fish sanctuaries.

The Director of the Division of Game may, without any cost to the State what-
soever, designate and establish sanctuaries where fish may breed unmolested in
the manner and subject to the provisions herein.

1952 (47) 2179.

§ 28-717. Designation in rivers and streams.

The Director may select any place upon any river or stream within this State
as a fish sanctuary. Upon making such selections the Director, upon approval in
writing of a majority of the members of the legislative delegation from the county
in which such proposed fish sanctuary is to be located, may designate and set
apart such places as fish sanctuaries. No sanctuary shall exceed two miles in length
along such river or stream. When such sanctuary is so designated and set apart,
the Director shall have same adequately and conspicuously marked and shall desig-
nate the limits thereof in all directions.

1952 (47) 2179.

137 Code of Laws oe South Carolina, 1952 § 28-758

§ 28-718. Designation in lakes and ponds.

Such sanctuary may be set apart on and in any lakes or ponds upon condition
that the landowner shall enter an agreement with the Director to set aside and
turn over to the State for such purpose any lake or pond.

1952 (47) 2179.

§ 28-719. Effect of such establishment.

When a fish sanctuary is so established, whether by direction of the legislative
delegation or by agreement with landowners in cases of private property, such
establishment shall be effective for a period of five years from the date of such
authorization or such agreement, and there shall be no fishing or trespassing upon
any waters so designated as a sanctuary. The Director may post such territory so
designated as a sanctuary, in the name of the State, and prosecute any person
or persons fishing or trespassing thereon.

1952 (47) 2179.

§ 28-720. Penalties for violation of such sanctuaries.

Any person fishing or trespassing upon any property or waters so established
as a sanctuary by the Director shall be guilty of a misdemeanor, and upon con-
viction thereof shall be fined not exceeding two hundred dollars or imprisoned
for not more than six months.

1952 (47) 2179.

CHAPTER 8.

Coastal Fisheries Law.

Article 1. Article 7.

General Provisions, § 28-757. Shrimp and Prawn, § 28-865.

Article 2. Article 8.

Shellfish Generally, § 28-772. Crabs, § 28-875.

Article 4. Article 9.

Provisions Relating to Oysters Generally, Shad and Sturgeon, § 28-892.

§ 28-791. Article 13.

Article 5. Licenses and Taxes, § 28-934.

Leases of Shellfish Bottoms, § 28-811. Article 14.

Article 6. Restricted Areas in Charleston County,

Canning and Shucking Plants, § 28-841. § 28-972.

Article 1.
General Provisions.

§ 28-757. Board may require permits for taking of fish.

The Commerical Fisheries Advisory Board may by its rules and regulations
prescribe for permits to be held by all persons actually engaged in the taking of
fish in the waters of this State and provide such punishment for persons failing to
secure such permits for themselves or those working under their authority as in
the judgment of the Board may seem proper, not to exceed forfeiture of license.

1952 (47) 2890.

§ 28-758. Erection of signs without authority.

It shall be unlawful for any person without authority from the Board first had
and obtained as provided by this chapter to set up, erect or use any sign purporting
to be the sign of leased planting ground or of restricted area as required of lessees
of bottoms or of the Board and any person so offending shall be guilty of a mis-
demeanor and punished by fine or imprisonment in the discretion of the court of
general sessions.

1952 (47) 2890.

§ 28-759 1952 Supplement 138

§ 28-759. Injury to signs, boats, etc., a misdemeanor.

Any person removing, injuring, defacing or in any way disturbing the signs,
buoys or other appliances used by the Board in marking restricted areas or bottoms
or used by lessees of bottoms in marking the leased areas or who shall injure or
destroy any boat or property of any kind used by the Board or any employee thereof
shall be guilty of a misdemeanor and punished by fine or imprisonment in the
discretion of the court trying such person.

1952 (47) 2890.

§ 28-761. Punishment for certain violations of chapter.

Any person violating any of the provisions of this chapter for which no punish-
ment has been specially provided shall be punished by a fine not exceeding one
thousand dollars or imprisoned not exceeding six months, in the discretion of the
court. The Board may, in its discretion, prosecute for such violations in the original
jurisdiction of the magistrate's court by special request in writing endorsed upon
the warrant that the magistrate's court shall assume such jurisdiction, whereupon,
in the event of conviction in such court, the magistrate shall impose sentence of a
fine not exceeding one hundred dollars or imprisonment not exceeding thirtv days.

1952 (47) 2890.

Article 2.
Shellfish Generally.

§ 28-772. Protection of beds planted by the Division.

The Division of Commerical Fisheries may plant beds of shellfish and prohibit
the gathering of shellfish therefrom by suitable marks, signs and advertisements
to that effect and during the period of such prohibition and while such beds are
so marked it shall be unlawful for any person to take shellfish therefrom.

1952 (47) 2890.

§ 28-773. Sanitary conditions of beds and plants.

The Commercial Fisheries Advisory Board and the State Board of Health shall
determine, inspect and control the sanitary conditions of all beds on which shellfish
are grown and inspect and control as to sanitary operation all shucking plants or
plants where shellfish are packed or otherwise prepared. It shall also provide a
method of identification in the form of a certificate number that will make plain
the source of the shellfish in every container. No such certificate number may be
used as an advertising medium unless the beds from which the shellfish have been
taken and the plants in which they have been shucked or packed have been passed
on by a representative of the State Board of Health. The method of storing and
shipping shellfish shall be supervised, inspected and controlled by the State Board
of Health and the Board. The penalty for unlawfully advertising oysters or shad,
including the certificate of the State Board of Health, shall be a fine of not less
than one thousand dollars. The State Board of Health shall see to it that the prod-
uct of all such packing or preparing plants conforms to the proper standards for
salinity of water content and food proportion, to the pure food laws standards
and to an established bacterial standard. The expense of the representative of the
State Board of Health in getting to and from beds, shucking plants and packing
houses in order to inspect them shall be borne by the owner of the bed, shucking
plant or packing house.

1952 (47) 2890.

139 Code of Laws of South Carolina, 1952 § 28-811

Article 4.
Provisions Relating to Oysters Generally.

§ 28-791. Ownership of oyster beds.

For the purpose of this chapter all of the bottoms within the jurisdiction of
this State contained between high-water mark and one foot below ordinary low-
water mark shall be deemed and considered as oyster beds and the Commercial
Fisheries Advisory Board may lease all or parts thereof as it may determine and
no grant, lease or conveyance hereafter made, except it be a special grant by the
General Assembly, shall be effective to convey any private ownership or control of
any fishing or fisheries therein.

1952 (47) 2890.

§ 28-795. Planting of Japanese seed oysters.

It shall be unlawful for any person to plant Japanese seed oysters within this
State without first procuring permission from the Board so to do. Any person vio-
lating the provisions hereof shall upon conviction be fined not less than six hundred
dollars or imprisoned for not less than six months, in the discretion of the court.

1952 (47) 2890.

§ 28-797. Nonstandard measures.

All bushel, half-bushel or peck measures found at any place where oysters are
purchased or sold in the shell which do not conform in shape and contents to
standards established by § 28-796 shall be destroyed by the Division of Commercial
Fisheries or its authority. Any person who shall buy or sell oysters in the shell
using a bushel, half-bushel or peck measure which does not conform to such stand-
ards as to contents shall be deemed guilty of a misdemeanor, and, on conviction,
shall be punished for each offense by a fine of not less than ten dollars nor more
than fifty dollars or by imprisonment of not more than thirty days.

1952 (47) 2890.

§ 28-800. Oyster farm in Charleston County.

The governing body of Charleston County may, in conjunction with the Division,
utilize and employ not exceeding one hundred acres of shores and bottoms in said
county belonging to the State and not leased for the purpose of planting and prop-
agating oysters and operating an oyster farm for the benefit of the residents of
said county. The one hundred acres so used shall be composed of not more than
two separate areas and shall be located as far from any canning factory now in
operation as a convenient location or locations in the county can be found. Such
oyster farm shall be operated under such regulations as shall be promulgated by
the governing body of the county. Any person wilfully trespassing on or removing
oysters from such area for commercial purposes shall be guilty of a misdemeanor
and, upon conviction, shall be punished by a fine of not exceeding fifty dollars or
imprisonment of not exceeding thirty days.

1952 (47) 2890.

Article 5.
Leases of Shellfish Bottoms.
§ 28-811. Authorization.

It shall be lawful for the Commercial Fisheries Advisory Board to lease to any
person portions of the bottoms for the purpose of oyster culture, not exceeding an

§ 28-811 1952 Supplement 140

aggregate of one thousand acres to any person for a term not exceeding five years.
Any such lease shall be renewed at the option of the lessee for an additional term
of five years at the rate of rental of one dollar per acre per year for the renewal
period.

1952 (47) 2890.

§ 28-814. Notice of application.

Upon the filing with it of the application approved by the Director of the Division
of Commercial Fisheries and the plat of the territory so approved, the Board shall
cause to be published in a newspaper in which legal advertisements by the sheriff
are published in the county wherein the territory applied for is located, a notice
to all persons of the application for such bottoms for planting and propagation of
oysters, giving the name of the applicant, a sufficient description of the bottoms
applied for to enable them to be located and the day on which the Board will pass
upon objections to the granting of such lease. Such advertisement shall be published
once a week for three weeks immediately preceding such date.

1952 (47) 2890.

§ 28-822. Plantings required of lessees.

Lessees of bottoms for the planting and propagation of oysters shall plant or
distribute on the leased bottoms at least one hundred bushels of shell or seed oysters
per oyster bottom acre each year during the term of the lease. Such planting shall
be under the direction of the Division. The amount of seed oysters or shell re-
quired to be planted by this section shall be in addition to the amount of shell
required to be planted by § 28-845.

1952 (47) 2890.

Article 6.

Canning and Shucking Plants.

§ 28-841. Period of operation of plants.

Canneries shall not commence operation before October first of each year and
both canneries and raw shucking plants shall cease operation on May fifteenth.
But the Commercial Fisheries Advisory Board may, in its discretion, require the
operations to cease not later than April first or to commence no earlier than October
thirty-first.

1952 (47) 2890.

§ 28-842. Premises, utensils, etc., used for shucking to be kept sanitary.

All premises, sheds, utensils, measures, tools and implements used on premises
of shucking plants must be kept in sanitary condition and to that end the Board
may prescribe such rules and regulations for sanitation and provide for such in-
spections as in its judgment may be advisable and may for persistent violations of
such sanitary rules and regulations revoke the licenses of the persons violating them.

1952 f%7) 2890.

§ 28-843. Conduct of shucking for market; records.

All persons engaged in shucking raw oysters or clams for market shall con-
duct such shucking in sheds at places and of a construction approved by the Board
and all oysters shucked in such sheds must be measured and a record kept by such
persons showing the number of bushels of oysters in the shell shucked and the
quantity in quarts shucked therefrom. At the end of each month ever;, such

141 Code of Laws of South Carolina, 1952 § 28-847

person shall make a report showing such dates. The reports must be delivered
or mailed on or before the fifth day of each succeeding month.
1952 (47) 2890.

§ 28-844. Purchases of shucked oysters.

All persons engaged in shucking raw oysters for market who shall purchase
oysters previously shucked shall show such purchases separately on their records
and on their monthly reports. No person engaged in shucking raw oysters for
market shall be permitted to purchase shucked raw oysters from other than persons
regularly engaged to shuck them on premises and in sheds provided for that pur-
pose and approved by the Board.

1952 (47) 2890.

§ 28-845. Planting of oyster shell by canneries, etc.

The person in charge of each canning factory or raw shucking plant in this
State shall each year distribute upon such bottoms as shall be designated by the
Board or its authority and in the manner required by it a quantity of oyster shells
not exceeding thirty-three and one-third per cent of the quantity acquired by such
cannery or raw shucking plant during the preceding open season. Such distribution
or replanting shall be done under the direction or supervision of the Division of
Commercial Fisheries within a radius of twenty miles from such factory or shuck-
ing plant and before the first day of June. Any failure to comply with this section
shall subject the cannery or shucking plant to revocation of license and the person
offending shall be punished by fine of not less than one hundred dollars or im-
prisonment of not less than one nor more than six months.

1952 (47) 2890.
§ 28-846. Purchase of shell by the Division for replanting.

The Division shall have the right from the end of each open season to the com-
mencement of the next open season to purchase shells from the canning factories
and raw shucking plants for replanting in the waters of this State ; such shells shall
be purchased at the prevailing market price and in the event of disagreement as
to what is the prevailing market price such price shall be fixed by arbitration or
condemnation proceedings at the option of the seller. But such purchases shall not
be made so as to interfere with the compliance by such canneries and shucking
plants with the requirements of law as to replanting, shall not extend to shells
accumulated from any season other than the one immediately preceding such pur-
chases and shall not interfere with the business necessities of such canneries or
shucking plants in providing space or grounds for their own operations.

1952 (47) 2890.
§ 28-847. Records to be kept by canneries.

All managers or other persons in charge of oyster canning factories shall be
required under a penalty of not less than one hundred dollars for each infraction
of this requirement to keep a book of such size and description as may be prescribed
by the Board in which shall be entered :

(1) The name of each person from whom he shall purchase oysters in the shell,
together with the date of each such purchase and the quantity so purchased ; and

(2) Under appropriately headed columns the name, rig, state license number
and approximate tonnage of the boat in which the oysters were brought to the
factory.

§ 28-847 1952 Supplement 142

They shall also in the same or another book of size and description to be pre-
scribed by the Board keep a record of (a) the quantity of oysters purchased each
day in bushels; (b) the quantity in ounces canned each day; and (c) the quantity
in ounces shipped each day with the destination and manner of such shipment and
the name of the carrier. They shall also retain duplicates of the bills of lading on
file for comparison with such books. Such books or record and bills of lading
shall be open at all times to the inspection of the Board or its agents or the Comp-
troller General or his agents.

1952 (47) 2890.

§ 28-848. Reports of canneries.

All managers or other persons in charge of oyster canning factories shall make
a written report to the Division not later than the fourth day of each calendar
month containing in itemized form the information contained in the books required
to be kept by § 28-847. They shall also within the first six days of May in each
year make a report to the Division of the quantity of canned oysters and stamps
of each denomination on hand on the first day of May and of such other data as
may be required by the Division.

1952 (47) 2890.

Article 7.

Shrimp and Prawn.

§ 28-865. Registration numbers on licensed shrimp trawlers.

Every boat licensed by the Commercial Fisheries Advisory Board to trawl for
shrimp in this State, at the time of the issuance of such license shall be assigned
by the Division a number under which such boat shall be registered and operated.
The number so assigned to any such boat shall be painted on each side of the
cabin or deck house thereof in distinctive numerals at least two feet in height,
with the barrel of the numerals four inches in width, and the paint used for such
purpose shall be different from and in clear contrast in color to the boat on which
applied so that such registration number may be easily and definitely determined
at a great distance. Any person operating a boat licensed to trawl for shrimp with-
out having the registration number affixed thereon as required by the terms of this
section shall be deemed guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not less than ten dollars nor more than one hundred dollars
or imprisoned for a period of not less than ten days nor more than thirty days for
each and every such offense.

1952 (47) 2890.

Article 8.

Crabs.
§ 28-875. Penalties.

Any person violating the provisions of §§ 28-873 or 28-874 shall be subject
to a fine of not less than ten dollars nor more than one hundred dollars or imprison-
ment not to exceed thirty days, in the discretion of the court, and such packages,
barrels or baskets containing illegal size crabs, and the entire contents thereof,
shall be confiscated and become the property of the State to be disposed of in the
discretion of the Commercial Fisheries Advisory Board.

1952 (47) 2890.

143 Code of Laws of South Carolina, 1952 § 28-941

Article 9.
Shad and Sturgeon.

§ 28-892. Records of persons trading in shad and sturgeon; reports.

All persons engaged in buying, shipping and selling shad or sturgeon shall keep
books wherein shall be entered the date, kind and quantity of each sale, purchase
or shipment, the name of each person from whom shad or sturgeon have been
purchased and a copy of each bill of lading and shall make monthly reports to
the Division of Commercial Fisheries not later than the fifth day of each month
showing these details.

1952 (47) 2S90.

§ 28-893. Distribution of shad fry from Andrews shad hatchery.

The Board is directed to ascertain the natural spawning ground along the Black
River, Lynch's River, Great Pee Dee River, Little Pee Dee River, Waccamaw
River and Sampit River, the waters of which eventually flow into Winyah Bay,
and to distribute the shad fry or fingerling from the Andrews shad hatchery, located
on Black River, at the spawning grounds, as ascertained on said rivers, as far
from the mouths of the respective streams as practical. The distribution shall be
made upon the basis of the length and size of the respective streams.

1952 (47) 2890.

Article 13.

Licenses and Taxes.

§ 28-934. Licenses to take shellfish for market.

Licenses to take shellfish for market shall be issued by the Division of Com-
mercial Fisheries and supplied to the various county treasurers for sale and de-
livery to applicants who have been approved by the Commercial Fisheries Advisory
Board and shall be as follows : on any boat of less than custom house tonnage
propelled by standing sails and rigging, three dollars and on any boat registered
or enrolled in the United States custom house, one and one half dollars on each
gross ton.

1952 (47) 2890.

§ 28-940. Fee for terrapin dealer's license.

The fee for such a license for dealers in terrapin shall be twenty-five dollars
for one year for each separate place of business or locality in which a store, agency
or pen may be located. No person shall deal in terrapin until duly licensed as
such a dealer, nor shall any person buy and pen terrapin for the purpose of sale
or shipment unless he be a dealer duly licensed by the Division.

1952 (47) 2890.

§ 28-941. Procuring license to take, can, pack or ship shellfish.

Any person desiring to obtain a license for the taking, canning, packing or
shipping of shellfish within this State for market shall take and subscribe to an oath
according to the form provided by the Division of Commercial Fisheries, showing
his name, age, color, citizenship, residence, place of business, kind of license applied
for and waters in which he proposes to take shellfish. Upon such oath being ap-
proved in writing by endorsement thereon by the Director of such division, he may
deliver it to any county treasurer to deliver to him a license accordingly.

1952 (47) 2890.

§ 28-942 1952 Supplement 144

§ 28-942. Procuring license to fish for market.

Each person desiring to fish for market shall, before engaging therein, file with
the Board an application for a license, duly verified by oath, showing the number
and kind of seines or other apparatus he proposes to use and his name, age, color,
residence, and place of business and the waters wherein he proposes to fish. Upon
the approval of the Board being endorsed thereon together with the amount of
such license as may be required therefor he may, upon payment thereof to any
county treasurer, receive the license. The amount of such license shall be a sum
equal to the fee or tax prescribed for the different kinds and amounts of apparatus
shown upon the application therefor, except when otherwise provided herein.

1952 (47) 2890.

§ 28-945. Nonresident shrimp boat licenses.

The Board shall not grant in any year more than one hundred nonresident
licenses to operators of shrimp boats. In granting licenses to nonresident shrimp
boats, the Board shall give preference to those nonresident boats that have been
fishing in this State for the longest number of years. Applications for licenses by
such boats, or the operators of such boats, shall be made on or before June 1st
of the year for which such applications are made. If by June 1st of any year the
Board has not granted one hundred licenses to the operators of nonresident shrimp
boats which have previously operated in this State, the Board may then grant such
licenses to any applicants thereafter until the number of one hundred licenses has
been issued.

1952 (47) 2890.

§ 28-946. Nonresidents to pay State income taxes before being licensed.

The Board, before issuing any nonresident licenses shall require proof that the
owner of the nonresident boat has paid all income taxes due to the State for profits
made from operations in the State during the preceding year.

1952 (47) 2890.

§ 28-950. Revocation of shrimp boat licenses.

The Board shall immediately revoke for the period of time hereinafter stated,
and have its designated inspector take up, any license issued to a resident or non-
resident operator of a shrimp boat upon conviction of any violation of any of the
fishing laws. Such revocation shall for a first offense be for ten days, for a second
offense be for thirty days and for a third offense for one year.

1952 (47) 2890.
§ 28-951. License for dealers in shrimp or prawn.

There shall be a license for buying or shipping shrimp or prawn, other than
canned shrimp or prawn, in addition to the license for fishing for shrimp or prawn.
The fee for such license shall be five dollars per annum. Persons granted such
licenses must make monthly reports as the Board may require.

1952 (47) 2890.
§ 28-952. Licenses for fishing for nonfood fish; fees.

Any person before fishing for or catching any nonfood fish shall procure from
the Board a license authorizing such 'fishing and shall pay for such license the
following tax: for each boat used in such fishing an amount equal to one dollar
per net tonnage of such boat to be paid by each owner of such boat residing in

145 Code of Laws of South Carolina, 1952 § 28-960

this State, and a tax of two dollars per net tonnage of any boat owned and operated
by nonresidents of this State. In addition an individual license tax of four dollars
shall be paid by each nonresident fisherman engaged in fishing in the waters of
this State. The net tonnage of any boat shall be determined by customhouse meas-
urements.

1952 (47) 2890.

§ 28-953. Application for such license.

The captain or other officer of each boat before engaging in catching nonfood
fish within any of the waters of this State shall make written application for a li-
cense to the treasurer of the county in which he intends to operate. The application
shall be on a blank to be provided for by the Division and the treasurer of such
county shall collect the tax herein provided for and make a full report to the
Division.

1952 (47) 2890.

§ 28-954. Containers to have tax stamps affixed.

All containers used in shipping raw shucked oysters must have affixed to them
in a mannner to be prescribed by the Division cancelled tax stamps to the amount
of five cents for each gallon of raw shucked oysters contained therein, under penalty
of punishment as herein provided. But no stamp tax shall be required of local
shuckers on raw shucked oysters sold to local consumers in less than gallon
quantities.

1952 (47) 2890.

§ 28-957. Duties of county treasurer as to rentals, sale of tax stamps, etc.

The several county treasurers shall sell fisheries tax stamps and tags, receive
and collect all licenses and rents for leased bottoms and report all such receipts,
sales and collections and also all defaults in the payment of rents of bottoms to the
Division at the end of each month on forms furnished by the Division. For such
services the county treasurer shall receive five per cent of the amount of such sales
and collections. He shall deposit all such collections with the State Treasurer.

1952 (47) 2890.

§ 28-953. Withdrawal of tax stamps by inspector.

The county treasurer of each county having on hand tax stamps used in pur-
suance of this chapter shall allow any inspector of the Division to draw not ex-
ceeding fifty dollars in tax stamps, taking the receipt of the inspector therefor.
The inspector so drawing such tax stamps shall account to the treasurer for the
tax stamps so drawn and pay over to the treasurer the money for the stamps sold
by him within thirty days from the time the tax stamps were drawn.

1952 (47) 2890.

§ 28-960. Licensees to be furnished copies of regulations and fisheries law.

The Board upon issuing authority to secure any license under the provisions
of this chapter shall furnish with such authority a copy of the printed rules
and regulations of the South Carolina Wildlife Resources Department and of the
Coastal Fisheries Law.

1952 (47) 2890.

§ 28-961 1952 Supplement 146

§ 28-961. Revenues to be deposited with State Treasurer; exception.

All revenues from taxes, licenses, fines and forfeitures, rentals or other sources
derived from the fisheries or from the operation and enforcement of the Coastal
Fisheries Law shall be deposited with the State Treasurer except that all fines and
forfeitures for the violation of any of the Coastal Fisheries Laws shall be paid to
the treasurer of the county in which the violation occurs, if the case is brought by
an officer of the State or county other than an inspector for the Division.

1952 (47) 2890.

Article 14.

Restricted Areas in Charleston County.
§ 28-972. Restricted areas designated by markers.

Day markers and buoys may be placed by or under the direction of the S. C.
Wildlife Resources Department on the beaches and one mile off shore on the range
of the respective lines herein designated which, when placed, shall control the range.
But the absence of any such range markers or buoys shall not affect or impair the
operation or enforcement of this article as the lines can be determined from U. S.
Coast and Geodetic Survey Chart No. 1239, dated July 1930, and corrected to
December 19 1935. The expense of erecting such range markers and buoys shall
be defrayed by the Division of Commercial Fisheries.

1952 (47) 2890.

§ 28-976. Enforcement.

The Division shall enforce the provisions of this article.
1952 (47) 2890.

CHAPTER 9.
Special Provisions for Certain Counties or Areas.

Article 1. Article 10.

Cherokee County, § 28-1001. Pickens County Fish and Game

Article 2. Commission, § 28-1155.

Catawba- Wateree Fish and Game Article 11.

Commission, § 28-1013. Spartanburg County Game and Fish

Article 3. Commission, § 28-1165.

Lake Lanier, § 28-1031. Article 12.

Article 5. Williamsburg County Fish and Game

Horry County Fish and Game Commission, Commission, § 28-1175.

§ 28-1065. Article 14.

Article 6. Catawba Lake Fishing Area, § 28-1202.

Colleton County Game and Fish Article 14.1.

Commission, § 28-1086. Fishing in Certain Areas of Catawba River

Article 7. in York County, § 28-1207.

Duties of Lee County Legislative Delega- Article 18.

tion, § 28-1101. Fishing in Portion of Savannah River in-

Article 8. eluding Clark's Hill Reservoir and

Marion County Fish and Game Steven's Creek Reservoir,

Commission, § 28-1124. § 28-1251.
Article 1.

Cherokee County.

§ 28-1001. Expenditure of game funds.

Repealed by 1952 A. & J. R. (47 St. at I. ) po 2179 to 2219.

147 Code of Laws of South Carouna, 1952 § 28-1068

Article 2.
Catawba-Wateree Fish and Game Commission.

§ 28-1013. Powers and duties.

The commission shall cooperate with the South Carolina Wildlife Resources
Department in the enforcement of all fishing laws and regulations within said
counties and shall work under the direction of the Department in the enforcement
of all rules and regulations herein provided.

1952 (47) 2S90.

§ 28-1014. Employment of wardens, etc.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1015. Fishing regulations for area.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1016. Receipts from licenses and fines.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

Article 3.
Lanier Lake.

§ 28-1031. Agreement respecting Lanier Lake.

The South Carolina Wildlife Resources Department may enter into an agree-
ment with the owners of Lake Lanier, located in Greenville County, whereby the
Department may take over the management of said lake and lake property for
fisheries and hunting purposes and shall take the necessary steps toward restock-
ing the same with fish, designating open and closed seasons for fishing and hunting
thereon, making rules and regulations by which permits may be issued to persons
for fishing and hunting thereon and in all other ways exercising complete control
of the waters of said lake in such a manner that will most successfully restock,
propagate and protect the fish and game in the lake for the benefit of the public in
general.

1952 (47) 2890.

Article 5.

Horry County Fish and Game Commission.

§ 28-1065. Duties and powers; game wardens.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219. .

§ 28-1066. Salaries of game wardens.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219

§ 28-1067. Suspension or discharge of game wardens.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1068. Fish and game seasons.

The commission shall cooperate with the Department in supervision over the
opening and closing of all fish and game seasons in Horry County, regulations in
connection therewith and control thereof, insofar as is consistent with the statu-
tory laws of the State.

1952 (47) 2890.

§ 28-1086 1952 Supplement 14S

Article 6.
Colleton County Game and Fish Commission.

§ 28-1086. Recommendations as to appointment of game wardens and salaries.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

Article 7.
Duties of Lee County Legislative Delegation.

§ 28-1101. General duties.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1102. Recommendations.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1103. Appointment of game wardens.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1104. Suspension or discharge of game wardens.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

Article 8.
Marion County Fish and Game Commission.

§ 28-1124. General powers and duties.

It shall cooperate with the South Carolina Wildlife Resources Department in
supervision over the opening and closing of all fish and game seasons in Marion
County and regulations in connection therewith and control thereof, insofar as
is consistent with the statutory laws of the State.

1952 (47) 2890.

§ 28-1126. Nomination of game wardens.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1127. Game wardens' salaries.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1128. Removal of wardens.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

Article 10.
Pickens County Fish and Game Commission.

§ 28-1155. Authority; nomination of game wardens.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1156. Recommendations as to wardens' salaries.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1157. Cooperation with Department.

The commission shall cooperate with the South Carolina Wildlife Resources
Department in supervision, regulation and control, insofar as is consistent with the
statutory laws of the State, of the opening and closing of all fish and game seasons
in the county.

1952 (47) 2890.

§ 28-1158. Report on game wardens; vacancies.

The commission shall report to the Department the actions of any game warden
in the county and recommend suspension or discharge of any warden.

1952 (47) 2890.

149 Code of Laws of South Carolina, 1952 § 28-1180

Article 11.
Spartanburg County Game and Fish Commission.

§ 28-1165. General supervision by commission.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1166. Appointment of game wardens; term, etc.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1167. Game technician.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1168. Salaries of wardens and technicians.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1169. Duties of game wardens and technicians.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1169.2. Cooperation with the Department.

The commission shall cooperate with the South Carolina Wildlife Resources
Department in supervising, regulating and controlling fishing and hunting and the
closing of fish and game seasons in the county, insofar as is consistent with the
laws of this State.

1952 (47) 2890.

§ 28-1169.3. Chief Game Warden to report monthly on finances.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1169.4. Report on game wardens and technicians; vacancies.

The Commission shall report to the Department the actions of all game wardens
and technicians in the county and recommend the suspension or discharge of any
warden or technician.

1952 (47) 2890.

Article 12.

Williamsburg County Fish and Game Commission.

§ 28-1175. General duties and powers.

It shall cooperate with the South Carolina Wildlife Resources Department in
supervising, regulating and controlling fishing and hunting and the closing of fish
and game seasons in the county insofar as is consistent with the laws of the State.

1952 (47) 2S90.

§ 28-1177. Chief Game Warden to report monthly on finances.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1178. Nomination of game wardens.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1179. Salaries of wardens.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

§ 28-1180. Recommend removal of wardens.

The commission shall report to the Department the actions of any game warden
in Williamsburg County and may recommend suspension or discharge of any
warden.

1952 (47) 2890.

§ 28-1202 1952 Supplement 150

Article 14.
Catawba Lake Fishing Area.
§ 28-1202. Wardens.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2179 to 2219.

Article 14.1.
Fishing in Certain Areas of Catazvba River in York County.

§ 28-1207. Fishing from floating device in certain areas adjacent to Catawba
Dam and Power House prohibited.

It shall be unlawful for any person to fish from a raft, boat or any other floating
device in the following described areas on the Catawba River in York County :
An area lying downstream from the Catawba Dam and Power House of the
Duke Power Company in York County, South Carolina, said area extending
for a distance of approximately three hundred seventy-five feet downstream
from the south or downstream wall of the Power House and extending from
the east bank of the river to the southwestern corner of the dam; also an area
on the upstream side of the Power House extending for a distance of ap-
proximately one hundred feet from the northern or upstream wall of the
Power House and extending from the eastern bank of the pond to the western
wall of the Power House.
1952 (47) 2889.

§ 28-1207.1. Fishing exempted.

It is distinctly provided, however, that this article shall not be construed to
prevent fishing from any point on the rock pile situate below the India Hook Dam
or on the banks adjacent to the areas above described. The term "banks adjacent to
the areas above described" shall not include any part or extension of the dam.

1952 (47) 2889.

§ 28-1207.2. Penalties.

Any person violating the provisions of this article shall be deemed guilty of a
misdemeanor and upon conviction shall be fined not less than ten dollars nor more
than fifty dollars, or imprisoned for not more than thirty days, in the discretion of
the trial court.

1952 (47) 2889.

Article 18.

Fishing in Portion of Savannah River, Clark's Hill Reservoir and
Steven's Creek Reservoir.

§ 28-1251. Resident permits.

All residents of this State, before fishing in the waters of the Savannah River
between the Steven's Creek Dam and the bridge across the Savannah River on
the highway between Calhoun Falls, South Carolina, and Elberton, Georgia, in-
cluding those of the Clark's Hill Reservoir and the Steven's Creek Reservoir, shall
purchase, and have in their possession while fishing, permits from the South Car-
olina Wildlife Resources Department, which shall charge therefor the sum of one
dollar and ten cents, which permit shall be good for the calendar year in which
issued.

1952 (47) 1926.

151 Code of Laws of South Carolina, 1952 § 28-1256

§ 28-1252. Temporary nonresident permits.

A temporary license to fish in such waters shall be granted by the Department
to any nonresident of this State applying therefor upon payment of a fee of three
dollars and ten cents, which license shall be the only license or permit required
during the term thereof, and which shall authorize the holder thereof to exercise
the privilege thereby granted for a period of two consecutive days for each license
so issued.

1952 (47) 1926.

§ 28-1253. Additional requirements to fish in such waters; exceptions.

In addition to the permit provided for in § 28-1251, residents of this State must
also have a resident anglers' license, if fishing with artificial bait or manufactured
tackle. All nonresidents must have the temporary license provided for by § 28-1252
or the nonresident's fishing license as required by § 28-551 and in addition thereto
the one dollar and ten cent permit provided for by § 28-1252, regardless of the
manner of fishing.

1952 (47) 1926.

§ 28-1254. When holders of Georgia licenses and permits exempted.

But holders of valid permits and licenses issued by the State of Georgia to fish
in the waters shall be allowed to fish in any part of the waters on the South
Carolina side of the Savannah River without securing from the Department any of
the licenses mentioned herein if the State of Georgia requires a permit or license
of the kind mentioned in §§ 28-1251 and 28-1252, and uses the proceeds of the
sale thereof for the purposes set out in § 28-1256, or otherwise appropriates and
uses approximately the same amount of funds for such purposes as is devoted
thereto by this State, and, provided that the State of Georgia extends the same
privileges to the holders of permits of this State as to the waters on the Georgia
side of the Savannah River. In the event the State of Georgia does not require
a permit or license of the kind mentioned in §§ 2S-1251 and 28-1252, or devote
approximately the same amount of funds as does this State to the purposes set
out in § 28-1256, it shall be unlawful for the citizens and residents thereof to fish
in the waters on the South Carolina side of the Savannah River without having the
licenses required by this article.

1952 (47) 1926.

§ 28-1255. Further exemptions.

The provisions of §§ 28-1251 and 28-1252 shall not apply to any person four-
teen years of age or younger, any resident person sixty-five years of age or over
or to resident organized or supervised orphan groups.

1952 (47) 1926.

§ 28-1256. Use of receipts.

All funds collected by the Department from the sale of the permits or licenses
required by §§ 28-1251 and 28-1252 shall be placed by the Director with the State
Treasurer to the credit of a special account to be disbursed by the Department
solely for game and fish protection and propagation in the above described waters
and adjacent area.

1952 (47) 1926.

§ 28-1257 1952 Supplement 152

§ 28-1257. Fishing in such waters regulated.

The regulations for fishing in such waters shall be as follows, unless duly changed
as hereinafter provided for :

( 1 ) Daily bag limit : eight bass, twenty other fish. No person shall have in pos-
session more than this number of fish while on the waters or the lands immediately
adjacent.

(2) Traps, seines and nets prohibited. Baskets and trotlines may be used for
catching non-game fish, provided a non-game fish tag is secured from the game
warden at a cost of twenty-five cents for each basket or trotline. These tags must
be securely attached to baskets or trotlines while they are in use.

(3) Licensees may use minnow seines to catch minnows only from daylight until
nine o'clock p. m. No seine over thirty feet in length may be used.

(4) Use of high powered lights or flashlights, of over five cells, are hereby
prohibited while fishing.

1952 (47) 1926.

§ 28-1258. Further fishing regulations.

All other state game and fish laws are hereby declared to be applicable to the
above described waters and lands adjacent.

The Department may negotiate with the Georgia Game and Fish Commission
and adopt as necessary such other rules and regulations for the propagation and
protection of the fish in the subject waters and for cooperation between the states
in carrying out the purposes of this article and the enforcement thereof, and change
or alter these regulations in order to provide uniform regulations for the entire
area involved herein. Any changes or alterations of the said regulations, determined
upon by the Department, shall be made known by publication thereof in news-
papers in general circulation in Game Zones Nos. 2 and 3 and filing copies thereof
in the office of the Secretary of State; and upon such promulgation the amended
regulations shall have the full force and effect of law.

1952 (47) 1926.

§ 28-1259. Possession of game fish over bag limit.

No person shall have in possession at any time game fish taken from any such
waters in excess of daily bag limit.
1952 (47) 1926.

§ 28-1260. Penalties.

Any person violating any of the provisions of this article shall be guilty of a
misdemeanor and shall upon conviction pay a fine of not less than twenty-five dollars
or more than one hundred dollars or suffer imprisonment for not more than
thirty days.

1952 (47) 1926.

153 Code of Laws of South Carolina, 1952 § 31-8

Title 30.
General Assembly.
Chapter 1. General Provisions, § 30-1.

CHAPTER 1.
General Provisions.
§ 30-1. Apportionment of members of House of Representatives.

Until the next apportionment, the representatives of the several counties in the
House of Representatives shall be as follows: Abbeville, one; Aiken, three; Allen-
dale, one; Anderson, five; Bamberg, one; Barnwell, one; Beaufort, two; Berkeley,
two ; Calhoun, one ; Charleston, ten ; Cherokee, two ; Chester, two ; Chesterfield, two ;
Clarendon, two; Colleton, two; Darlington, three: Dillon, two; Dorchester, one;
Edgefield, one; Fairfield, one; Florence, five; Georgctozvn, two; Greenville, ten;
Grecmvood, two ; Hampton, one ; Horry, three ; Jasper, one ; Kershaw, two ; Law-
castcr, two; Laurens, three; Lee, one; Lexington, three; McCormick, one; Marion,
two; Marlboro, two; Newberry, two; Ocenee, two; Orangeburg, four; Pickens,
two; Richland, eight; Saluda, one; Spartanburg, nine; Sumter, three; Union, two;
Williamsburg, two; and York, four.

1952 (47) 1998.

Title 31.
Guardian and Ward.

Chapter 1. General Provisions, § 31-1.

3. Public Guardians, § 31-101.

4. Uniform Veterans' Guardianship Act, § 31-220.

CHAPTER 1.
General Provisions.
§ 31-1. Jurisdiction of probate judge.

The judge of probate shall have jurisdiction in relation to the appointment and
removal of guardians of minors and persons who are mentally incompetent, and
in relation to the duties imposed by law on these guardians, and in the manage-
ment and disposition of the estates of their wards.

1952 (47) 2042.

§ 31-8. Citation of guardian removed from State.

In case of a change of domicile by the guardian of a minor or committee of a
mentally incompetent person to a place beyond the limits of this State and his
absence therefrom for ten consecutive months and, if such change or absence is
made to appear to the satisfaction of the judge of probate of the county wherein
the appointment was made, such judge of probate shall cite such guardian or com-
mittee to account in person before him, on a day named in the citation, which shall
not be less than sixty days from the date thereof. Such citation shall be served upon
such absent guardian or committee by publication forthwith, once a week for four
weeks, in a newspaper in which the judge of probate publishes his official ad-

§ 31-8 1952 Supplement 154

vertisements, and a copy shall be mailed to the absent guardian or committee at
his place of residence, if it is known, or can with reasonable diligence be ascertained.
1952 (47) 2042.

§ 31-9. Revocation of appointment of absent guardian.

If, upon such citation, such absent guardian or committee fail to appear in person
upon the day named and render a return of his administration up to date, or, ap-
pearing by attorney, fails to disprove a change of domicile and continuous absence
for the ten months next preceding the date of citation, the appointment shall be
revoked and annulled.

1952 (47) 2042.

§ 31-17. Commissions.

All guardians having the care of the estates of minors and mentally incompetent
persons shall have the same commissions for their services as are allowed by law
to executors, administrators and other trustes.
1952 (47) 2042.

CHAPTER 3.
Public Guardians.

§ 31-101. When judge of probate appointed guardian.

The judge of probate for each county in this State shall act as the guardian
of the estate of any minor or mentally incompetent person in his county when such
minor or mentally incompetent person has no general or testamentary guardian
and when it is satisfactorily made to appear to the court of common pleas, or a
judge of such court at chambers, on a petition filed for that purpose (and on proof
that the notice of the object of the petition, together with a statement of the nature,
condition and value of the estate of such minor or mentally incompetent person
has been inserted once a week for two weeks previously in some public newspaper
published in such county, or, if there be none, in some adjoining county, and also
at the door of the courthouse) that no fit, competent and responsible person can
be found who is willing to assume such guardianship. Any judge of probate ap-
pointed as guardian and his sureties shall be held responsible upon his official bond
for all estates of such minors and mentally incompetent persons.

1952 (47) 2042.

§ 31-102. Application for such appointment.

The application for the appointment of the judge of probate as such guardian
(1) shall be made by the father, mother, husband, brother, executor, administrator
or other person interested in such minor or mentally incompetent person, (2) shall
state (a) the name and age of such minor or mentally incompetent person, (b)
the character and value of his estate, (c) that such minor or mentally incompetent
person has no general or testamentary guardian and (d) that no fit, competent or
responsible person can be found who is willing to assume the trust, and (3) shall
be subscribed and sworn to by the party making the application.

1952 (47) 2042.

§ 31-103. Order of appointment.

The court or judge hearing such application, if satisfied that the interest of the
minor or mentally incompetent person would be best served by such appointment,
shall endorse on such application an order appointing the judge of probate such

155 Code of Laws op South Carolina, 1952 § 31-108

guardian and authorizing him to receive the estate of such minor or mentally in-
competent person and to sign and seal all necessary and proper releases and dis-
charges relating thereto.
1952 (47) 2042.

§ 31-106. Transfer of estates on formation of new counties.

When a new county has been formed or created out of portions of an old
county or counties, the probate judge for such new county shall act as guardian
of the estates of minors and mentally incompetent persons formerly residing in
that portion of the old county or counties formed and created into the new county
when such minors and mentally incompetent persons now reside in the new county
and a probate judge of the old county or one of the old counties is acting as guard-
ian of such minors or mentally incompetent persons. Any such probate judge of an
old county shall upon application of any one in their behalf, turn over and deliver
to the probate judge of the new county the estates of such minors or mentally in-
competent persons, and the probate judge of the new county shall receive the
same as guardian and hereby is constituted guardian of such estates in lieu and in
place of the probate judge of the old county and his official bond shall be liable as
such. In case the probate judge of an old county refuses or fails, within ten days after
being requested so to do, to turn over and deliver such estates of such minors or
mentally incompetent persons formerly in his county but presently residing in
the new county, the person making such application may apply to any circuit judge
in this State, at chambers, upon four days' notice, for an order requiring the
probate judge to comply with the provisions of this section and the probate judge
so failing or refusing to turn over and deliver such estates shall be liable to pay
all costs of the proceeding, including reasonable counsel fees, to be fixed by the
court in its order. No commissions shall be charged or collected by either probate
judge for delivering any such estates or for removing them.

1952 (47) 2042.

§ 31-108. Reports of public guardians.

The judge of probate for each county shall annually, at the first term of the
court of common pleas in and for his county, and oftener if required by the presid-
ing judge of the circuit, submit in open court a report, under oath, of all his acts
and doings as such public guardian. Such report, if satisfactory, shall be approved
by the presiding judge by endorsement thereon and shall be filed in the office of
the clerk of court of said county.

The annual report of the judge of probate, as public guardian, required by this
section, shall state (a) the name of each minor or mentally incompetent person,
(b) the date when he was appointed guardian, (c) the value of the estate of his
ward, (d) of what each estate consists, (e) the amount and character of the in-
vestments, if any, when and by whom made, and what amount, if any, remains
uninvested, (f) the amounts received and paid out since the last report, properly
vouched, and (g) such recommendations as he may deem most to the advantage
of his respective wards.

1952 (47) 2042.

§ 31-220 1952 Supplement 156

CHAPTER 4.
Uniform Veterans Guardianship Act.

§ 31-220. Administrator party to certain proceedings.

The administrator or his successor is and shall be a party in interest (a) in any
proceeding brought under any law of this State for the appointment, confirmation,
recognition or removal of any guardian of a minor or of a mentally incompetent
person to whom or on whose behalf benefits have been paid or are payable by the
Veterans' Administration, its predecessor or successor, (b) in any guardianship pro-
ceeding involving such person or his estate, (c) in any suit or other proceeding
arising out of the administration of such person's estate or assets and (d) in any
proceeding the purpose of which is the removal of the disability of minority or
mental incompetency of such person. In any case or proceeding involving property
or funds of any such minor or mentally incompetent person not derived from the
Veterans' Administration, the Veterans' Administration shall not be a necessary
party but may be a proper party to such proceedings.

This section shall not apply unless the Veterans' Administration shall designate,
in writing filed with the Secretary of State, its chief attorney, acting chief attorney
or other agent within this State as a person authorized to accept service of process
or upon whom process may be served.

1952 (47) 2042.

§ 31-224. Commitment to Veterans' Administration.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.
See §§ 32-968 and 32-969 this Supplement.

§ 31-225. Transfer from State to Veterans' hospital.
Repealed bv 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.
See §§ 32-968 and 32-969 this Supplement.

§ 31-226. Fee of Chester County probate judge for such commitment.
Repealed by 1952 A. & T. R. (47 St. at L.) pp 2042 to 2074.
See §§ 32-968 and 32-969 this Supplement.

Title 32.
Health.

Chapter 1. Boards of Health and Health Officers, § 32-411.

4. Hospitals. Clinics. Health Centers and Tuberculosis Camps, § 32-829.

5. Mentally 111 and Mentally Deficient, § 32-951.

7. State Training School, § 32-1051.

8. Vital Statistics, § 32-1124.

9. Water, Sewerage, Garbage, etc. § 32-1331.

CHAPTER 1.
Boards of Health and Health Officers.

Article 20.
Spartanburg County Board of Health.

§ 32-411. Established.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138.

157 Code of Laws of South Carolina, 1952 § 32-829

§ 32-412. Members.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this sectioa
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138.

§ 32-413. Term; vacancy.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138.

§ 32-414. Area jurisdiction.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138.

§ 32-415. General duties and powers.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138.

§ 32-416. Couny health department and director.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section.
Former section repealed by 1952 A. & J. R. (47 St.- at L.) pp 2134 to 2138.

§ 32-417. Director act as secretary of board.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138.

§ 32-418. Reports of director.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138.

§ 32-419. Additional personnel.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138.

§ 32-420. Duties of department; services render.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section.

§ 32-421. Duties not devolved on board or department.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section.

§ 32-422. Salaries; equipment; accounting for certain costs.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section.

§ 32-423. Equipment and faciliies.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section.

§ 32-424. Municipalities may withdraw from jurisdiction of board.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138 make up this section.

§ 32-425. Municipalities may join department and be under the board.

Provisions from 1952 A. & J. R. (47 St .at L.) pp 2134 to 2138 make up this section.

CHAPTER 4.
Hospitals, Clinics. Health Centers and Tuberculosis Camps.

Article 3.
County, Township or Municipal Hospitals, Clinics or Tuberculosis Camps.

§ 32-829. Spartanburg Couny venereal clinic.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2134 to 2138.

§ 32-951 1952 Supplement 158

CHAPTER 5.

Mentally III and Mentally Deficient.

Article 1. Article 3.

General Provisions, § 32-951. State Mental Health Facilities, § 32-991.

Article 2. Article 4.

South Carolina Mental Health Commission, State Hospitals, § 32-1021.

§ 32-981. Article 5.

State Training Schools, § 32-1031.
Article 1.

General Provisions.
§ 32-951. Definitions.

When used in this Chapter, the following terms shall have the meanings ascribed
to them in this section unless the context clearly indicates a different meaning :

(1) Mentally ill person - A person afflicted with a mental disease to such an ex-
tent that for his own welfare or the welfare of others or of the community, he re-
quires care, treatment, detention, or training, or to an extent which renders him in-
capable of caring for or managing his own estate.

(2) Mentally defective or mentally deficient person - A person whose mental
abilities have been defective or arrested before birth or at birth, or whose mental
development has been arrested by disease or physical injury occurring at an early
age, in either case to such an extent that he lacks sufficient control, judgment and
discretion to manage himself or his affairs or who by reason of this deficiency,
for his own welfare or the welfare of others, or of the community, requires training,
supervision, guidance, care, or control.

(3) Patient or trainee - A person under observation, care, or treatment or re-
ceiving training in a mental health facility pursuant to law.

(4) Licensed physician - An individual licensed under the laws of this State to
practice medicine or a medical officer of the Government of the United States while
in this State in the performance of his official duties.

(5) Designated examiner - A licensed physician or psychologist registered by the
South Carolina Mental Health Commission as specially qualified, under standards
established by it, in the diagnosis of mental or related illnesses, or in the diagnosis
of mental deficiency.

(6) Superintendent - The individual in charge of an institution, or his designee.

(7) Director - The State Director of Mental Health.

(8) Commission - The South Carolina Mental Health Commission.

(9) Treatment - Any standard medical, surgical or psychiatric treatment.

(10) Discharge - An absolute release or dismissal from an institution.

(11) Conditional discharge or leave of absence - A qualified release or a qualified
dismissal from an institution.

(12) State mental health facility or facility - Any hospital, clinic, training school
or other institution maintained by the State for the care, treatment, or training of
persons who are mentally ill, mentally defective, epileptic, senile, drug addicted, or
alcoholic.

(13) Hospital - A public or private hospital, or part thereof, equipped to provide
in-patient care and treatment for the mentally ill, epileptic, senile, drug addicted,
or alcoholic.

159 Code of Laws of South Carolina, 1952 § 32-956

(14) Training school - An institution maintained by the State for the care, train-
ing and treatment of persons who are mentally deficient and of persons, under
sixteen years of age, who may be suffering from serious emotional disturbances
or behavior difficulties requiring adjustment, treatment or training.

(15) Mental health clinic - Any institution, or part thereof, maintained by the
State for the diagnosis, treatment and care on an out-patient basis of any person
suffering from any mental disease, emotional disturbance or behavior problem.

(16) State hospital - A hospital, or part thereof, equipped to provide in-patient
care and treatment for the mentally ill, epileptic, senile, drug addicted, or alcoholic
and maintained by the State.

(17) State of citizenship - The last state in which the person resided for two

or more consecutive years.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-952. Application for appointment of committee for mentally ill or men-
tally defective.

When any relative, friend, or other interested person is desirous of having a
committee appointed for any individual believed by him to be mentally ill or mentally
defective he shall file with the probate court of the county in which the individual
resides a written application stating his reasons for desiring the appointment of a
committee. The application shall be accompanied by a certificate of a licensed physi-
cian stating that he has examined the individual and is of the opinion that he is
mentally ill or mentally defective, or a written statement by the applicant that the
individual has refused to submit to examination by a licensed physician.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-953. Procedure to determine.

Upon receipt of an application the court shall follow the procedure outlined in
§§ 32-959 to 32-963 or §§ 32-1034 to 32-1038.
1952 (47) 2042.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-954. Appointment; custody of estate.

If, upon completion of the hearing and consideration of the record, the court
finds that the individual is mentally ill or mentally defective, a committee may be
appointed and the court shall make any further orders necessary for the custody
and control of the individual's estate.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-955. Appeal.

An appeal may be taken from the order of the probate court to -the court of
common pleas of the county wherein the application is made and there a trial
shall be had and the trial may be had de novo before a jury.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-956. Application for appointment of committee for patient or trainee.

When any relative, friend or other interested person is desirous of having a
committee appointed for any individual who is a patient or trainee in an institu-
tion as the result of judicial proceedings under §§ 32-958 to 32-967 or §§ 32-1033

§ 32-956 1952 Supplement 160

to 32-1039, or who is a patient or trainee in a State mental health facility, he shall
file with the probate court of the county in which the individual resided prior to
his admission to the institution a written application stating his reasons for desiring
the appointment of a committee. The application shall be accompanied by a cer-
tificate from the South Carolina Mental Health Commission stating that the patient
or trainee is mentally ill or mentally defective and is a patient or trainee subject to
the control of the commission.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-957. Appointment; custody of estate.

Upon receipt of the application and certificate the court may appoint a com-
mittee and make any further orders necessary for the custody and control of the
patient's or trainee's estate.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

See § 32-1029 for provisions of this section as amended by 1952 (47) 2042 to 2074.

§ 32-958. Application for involuntary hospitalization.

Proceedings for the involuntary hospitalization of an individual may be com-
menced by the filing of a written application with the probate court by a friend,
relative, spouse, or guardian of the individual, or the superintendent of any public
or private institution in which such individual may be. The application shall be
accompanied by a certificate of a licensed physician stating that he has examined
the individual and is of the opinion that he is mentally ill and should be hospitalized,
or a written statement by the applicant that the individual has refused to submit to
an examination by a licensed physician.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-959. Persons court notify.

Upon receipt of an application the court shall give notice thereof to the proposed

patient, to his legal guardian, if any, and to his spouse, parents, and nearest known

other relative or friend. If, however, the court has reason to believe that notice

would be likely to be injurious to the proposed patient, notice to him may be

omitted.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-960. Examiners.

As soon as practicable after notice of the commencement of the proceedings is
given or it is determined that notice should be omitted, the court shall appoint
two designated examiners to examine the proposed patient and report to the court
their findings as to his mental condition, and his need for custody, care, or treat-
ment in a hospital.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-961. Examination.

The examination shall be held at a suitable place not likely to have a harmful
effect upon the proposed patient's health. A proposed patient to whom notice of
the commencement of proceedings has been omitted shall not be required to submit
to an examination against his will. On the report of the examiners of refusal to

161 Code of Laws of South Carolina, 1952 § 32-965

submit to examination the court shall give notice to the proposed patient as pro-
vided under § 32-959 and order him to submit to examination.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-962. Hearing; dismissal.

If the report of the examiners is to the effect that they are of the opinion the
proposed patient is mentally ill the court shall forthwith fix a date for and give
notice of a hearing to be held not less than ten nor more than fifteen days from
receipt of the report. If the report of the examiners is divided or is to the effect
that they are of the opinion the proposed patient is not mentally ill, the court shall
terminate the proceedings and dismiss the application.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-963. Witnesses; evidence; counsel.

All persons to whom notice is required to be given may appear at the hearing,
testify, and present and cross examine witnesses, and the court may receive the
testimony of any other person. The proposed patient shall not be required to be
present, and the court may exclude all persons not necessary for the conduct of
the proceedings. The hearings shall be conducted in as informal a manner as may
be consistent with orderly procedure and in a physical setting not likely to have
a harmful effect on the mental health of the proposed patient. The court shall
receive all relevant and material evidence which may be offered. An opportunity
to be represented by counsel shall be afforded to every proposed patient, and if
neither he nor others provide counsel, the court shall appoint counsel for him.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-964. Court's order.

If, upon completion of the hearing and consideration of the record, the court
finds that the proposed patient is mentally ill, and

(1) is in need of custody, care or treatment in a hospital, and because of his
condition lacks sufficient insight or capacity to make responsible decisions with
respect to his admittance to a hospital, or

(2) because of his condition is likely to injure himself or others, it shall order

his hospitalization ; otherwise, it shall dismiss the proceedings.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-965. Private hospitalization.

Upon request by the proposed patient, his relative, spouse, or guardian and agree-
ment by the superintendent of the hospital concerned, the court may order the
hospitalization of the patient in a private hospital. Neither the State, nor any
county, nor any municipality shall be liable for any costs of or charges for sending
a proposed patient to a private hospital, or connected with or arising out of his
being sent there.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-966 1952 Supplement 162

§ 32-966. Committee; custody of estate.

The court may appoint a committee for the person hospitalized and may make
such further orders as may be necessary for the custody and control of the estate
of the person.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-967. Appeal.

The petitioner or any other interested person standing within the family relation-
ship of the proposed patient may appeal from the order of the probate court to
the court of common pleas of the county, and a trial shall be had de novo with a
jury in the same manner as civil actions are tried.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-968. Placement for institutional care or treatment by United States.

If any individual ordered to be admitted to an institution pursuant to §§ 32-958

to 32-967 or §§ 32-1033 to 32-1039 is eligible for institutional care or treatment

by any agency of the United States, the court, upon receipt of a certificate from

the agency showing that facilities are available and that the individual is eligible

for care or treatment therein, may order him to be placed in the custody of the

agency for admittance. When the individual is admitted pursuant to the order of

the court to any institution operated by any agency of the United States within

or without the State, he shall be subject to the rules and regulations of the agency.

The superintendent of any institution operated by the agency and in which the

individual is confined, shall with respect to the individual, be vested with the same

powers as the superintendents of institutions or the Commission within this State

with respect to detention, custody, transfer, conditional discharge, or discharge of

patients. Jurisdiction is retained in the appropriate courts of this State at any

time to inquire into the mental condition of the individual admitted, and to determine

the necessity for continuance of his confinement. Every order of admittance issued

pursuant to this section is so conditioned.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-969. Nonresident order authorizing such placement.

An order of a court of competent jurisdiction of another state, or of the District
of Columbia, authorizing admittance of an individual by any agency of the United
States shall have the same force and effect as to the individual while in this State
as in the jurisdiction in which is situated the court entering the order, and these
courts shall be deemed to have retained jurisdiction of the individual admitted for
the purpose of inquiring into his mental condition and of determining the necessity
for continuance of his confinement, as is provided in § 32-968 with respect to
individuals ordered admitted by the courts of this State. Consent is hereby given
to the application of the law of the state or district in which is located the court
issuing the order for admittance with respect to the authority of the superintendent
of any hospital or institution operated in this State by any agency of the United
States to retain custody, transfer, conditionally discharge or discharge the individual
confined.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

163 Code of Laws of South Carolina, 1952 § 32-973

§ 32-970. Re-examination of order of confinement for involuntary hospitaliza-
tion.

Any patient confined pursuant to §§ 32-958 to 32-967 shall be entitled to a re-
examination of the order for his confinement on his own petition, or that of his
legal guardian, parent, spouse, relative, or friend, to the probate court of the
county from which he was admitted. Upon receipt of the petition, the court shall
conduct proceedings in accordance with said sections, except that the proceedings
shall not be required to be conducted if the petition is filed sooner than six months
after the issuance of the order of confinement or sooner than one year after the
filing of a previous petition under this section. The costs shall be borne by the
petitioner and no rehearing shall be had in any case in which the costs have not
been paid for a previous rehearing.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-971. Medical examination of patient.

Every patient or trainee admitted pursuant to the provisions of § 32-1021, § 32-
1023 or §§ 32-958 to 32-967 or §§ 32-1033 to 32-1039 shall be examined by a
member of the medical staff of the institution promptly after his admission and shall
be examined by the full medical staff within thirty days after admission.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-972. Discharge of voluntary patient by hospital superintendent.

The superintendent of a hospital shall discharge any voluntary patient who has
recovered or whose detention he determines to be no longer advisable. He may
also discharge any voluntary patient if to do so would, in his judgment, contribute
to the hospital's most effective use in the care and treatment of its patients.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-973. Discharge of voluntary patient when requested.

A voluntary patient who requests his discharge or whose discharge is requested,
in writing, by his legal guardian, parents, parent with custody, county governing
body, spouse, or adult next of kin shall be discharged forthwith except that :

( 1 ) Any request for discharge may be denied by the superintendent of a state
hospital if the request is made sooner than thirty days after admission ;

(2) If the patient was admitted on his own application and the request for
discharge is made by a person other than the patient, discharge may be conditioned
upon the agreement of the patient thereto ;

(3) If the patient, by reason of his age, was admitted on the application of an-
other person, his discharge, prior to becoming twenty-one years of age, may be
conditioned upon the consent of his parent or guardian ;

(4) If the superintendent of the hospital, within seven days from the receipt
of the request, files with the probate court of the county in which the patient
resided immediately prior to his admission a certification that, in his opinion, the
discharge of the patient would be unsafe for the patient or others, discharge may
be postponed on application for as long as the court determines to be necessary for

§ 32-973 1952 Supplement 164

the commencement of proceedings for judicial admission, but in no event for more
than fifteen days.

1952 (47) 2042.

See § 32-1030 for provisions of this section as they appeared in the 1942 Code.

§ 32-974. Habeas corpus.

Any individual detained pursuant to this chapter shall be entitled to the writ of
habeas corpus upon proper petition by himself or a friend to any court generally
empowered to issue the writ of habeas corpus in the county in which he is detained.

19S2 (47) 2042.

Former section repealed by 19S2 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-975. Disclosure of records.

All certificates, applications, records, and reports made for the purpose of this
chapter and directly or indirectly identifying a patient, trainee, former patient or
trainee, or an individual whose confinement has been sought under this chapter
shall be kept confidential and shall not be disclosed by any person except insofar:

(1) as the individual identified or his legal guardian, if any (or, if he is a minor,
his parent or legal guardian), shall consent,

(2) as disclosure may be necessary to carry out any of the provisions of this
chapter, or

(3) as a court may direct upon its determination that disclosure is necessary for
the conduct of proceedings before it and that failure to make disclosure would be
contrary to the public interest.

Nothing in this section shall preclude disclosure, upon proper inquiry, of any
information contained in the certificates, applications, records, or reports, or infor-
mation as to his current medical or mental condition, to any relatives of a patient
or trainee or to his legal representatives.

Any person violating any provision of this section shall be guilty of a misde-
meanor and shall be fined not more than five hundred dollars or imprisoned for
not more than one year, or both.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-976. Unwarranted confinement ; denial of right.

Any person who wilfully causes, or conspires with or assists another to cause,
(1) the unwarranted confinement of any individual under the provisions of this
chapter or (2) the denial to any individual of any of the rights accorded to him
under the provisions of this chapter shall be fined not exceeding one thousand dol-
lars or imprisoned for not exceeding one year, or both.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-977. Reexamination of sanity.

Any person, not acutally confined in the State Hospital or on parole therefrom
during the twelve-month parole period, having been previously adjudged insane
in the probate court of any county in this State or in the State Hospital may have
his mental capacity as to sanity readjudged in the following manner. A petition
may be brought in the probate court of the county wherein such person resides by
a guardian ad litem for such person or by his committee if he has one, praying
that such person be adjudged a person of sound mind and memory and capable
of managing, conducting and controlling his own affairs and that he be discharged

165 Code oe Laws of South Carolina, 1952 § 32-982

and relieved of the judgment of insanity previously rendered. Upon such petition
being so brought the probate judge of the county wherein it is brought shall have
a hearing wherein witnesses shall be examined, including one or more practicing
physicians, and shall make further investigation as he deems necessary for a proper
determination in the matter. Such probate judge shall then make his determina-
tion in regard to the matter prayed for in the petition.

1952 Code, § 32-1005.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-978. Effect of determination of sanity.

Upon the prayer of the petition being granted by reason of such determination
of such probate judge, the petitioner shall thereby be restored to his legal status as
to property and contractual rights in like manner as if he had never been adjudged
insane.

1952 Code, § 32-1006.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-978.1. Certificate to be obtained on discharge.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-978.2. Application of §§ 32-978 and 32-978.1.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-979. Appeal.

The petitioner or any other interested person standing within the family rela-
tionship of the insane person may appeal from the order of the probate court to
the court of common pleas of the county wherein the petition is brought and there
a trial shall be had de novo with a jury in like manner as civil actions are tried.

1952 Code, § 32-1007.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

Article 2.
South Carolina Mental Health Commission.

§ 32-981. Appointment; mental health authority; term; removal.

The Governor shall, with the advice and consent of the Senate, appoint a board
of regents, which shall be known as the South Carolina Mental Health Commis-
sion and shall also be the South Carolina Mental Health Authority. The Commis-
sion shall consist of five members, whose terms of office shall be so designated that
the term of one member shall expire each vear, subject to removal by the Governor
for cause.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-982. Corporate powers; penal institution inmates; clinics; health pro-
gram; collection of statistics.

The Commission shall have the following rights, powers, and duties :

( 1 ) It shall form a body corporate in deed and in law with all the powers inci-
dent to corporations.

(2) It shall cooperate with persons in charge of penal institutions in this State
for the purpose of providing proper care and treatment for mental patients confined
therein because of emergency.

(3) It shall establish mental health clinics throughout the State and shall super-
vise them.

§ 32-982 1952 Supplement 166

(4) It shall inaugurate and maintain an appropriate mental health education
and public relations program.

(5) It shall collect statistics bearing on mental illness, mental deficiency, epilepsy,
drug addiction, and alcoholism, as well as study the cause, pathology, and preven-
tion of mental defects and diseases, and shall provide moral and vocational train-
ing, and medical and surgical treatment which will tend to the mental and physical
betterment of patients and which is designed to lessen the increase of mental illness,
mental defectiveness, epilepsy, drug addictions, and alcoholism, and shall encourage
the superintendents of institutions and their medical staffs in the investigation and
study of these subjects and of mental hygiene in general.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-983. Institutions treating mental conditions.

The Commission shall have charge of all State mental health facilities and shall
have sole charge of the regulation, licensing, and inspection of all hospitals or other
institutions in this State insofar as they are equipped to provide in-patient care,
treatment, or training for the mentally ill, mentally defective, epileptic, senile, drug
addicted, or alcoholic.

1952 (47) 2042.

§ 32-984. Forms; reports; rules and regulations.

The Commission may

( 1 ) prescribe the form of applications, records, reports, and medical certificates
provided for under this chapter and the information required to be contained therein.

(2) require reports from the superintendent of any institution relating to the
admission, examination, diagnosis, discharge or conditional discharge of any pa-
tient, investigate complaints made by any patient or by any person on behalf of a
patient, and

(3) adopt such rules and regulations not inconsistent with the provisions of this
chapter as it may find to be reasonable necessary for the government of all institu-
tions over which it has authority and of state mental health facilities and the proper
and efficient institutionalization of the mentally ill, mentally defective, epileptic,
senile, drug addicted, or alcoholic, but any person affected thereby shall have the
right to appeal therefrom to any court of record.

The judge of probate in each county shall keep an adequate supply of all forms
necessary for the admission or commitment of all persons under this chapter.
1952 (47) 2042.
Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-985. Reports.

The Commission shall submit an annual report to the Governor before the

eleventh day of January of each year setting forth its activities, the financial affairs,

and the state and condition of the State mental health facilities, and any other

statistical information which is usually required of facilities of the type over which

it has charge. The report shall include any recommendations which in the opinion

of the Commission will improve the mental health program of the State. A copy

of the report shall also be submitted to the General Assembly.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

167 Code of Laws of South Carolina, 1952 § 32-995

§ 32-986. State Director of Mental Health.

The Commission may appoint and, in its discretion, remove a State Director
of Mental Health, who shall be a medical doctor specializing in the field of psy-
chiatry.

The Director shall be the executive secretary of the Commission and may be
the superintendent of one of the state mental health facilities. His power and duties
shall be prescribed by the Commission.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-987. Payment of appropriations to State Hospital ; statement of disburse-
ments.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-988. Annual report.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

Article 3.
State Mental Health Facilities.
§ 32-991. Superintendents.

The Commission may appoint, and in its discretion remove, superintendents of
the State mental health facilities. Such superintendents shall be medical doctors or
psychiatrists who are specially trained in their respective fields.
1952 (47) 2042.

§ 32-992. Employees.

The superintendents of the State mental health facilities may appoint and remove
all employees of the facility over which they have charge, subject to the approval
of the Commission. But the superintendent of the State Hospital may appoint and,
in his discretion, remove all other officers and employees of institutions maintained
by this State for the mentally ill subject to the approval of the Commission.

1952 (47) 2042.

§ 32-993. Same ; salaries and emoluments.

The Commission shall fix the amount of the salaries or emoluments of all officers
and employees of state mental health facilities.
1952 (47) 2042.

§ 32-994. Same ; exempt from jury and military duty.

All officers and employees of State mental health facilities shall be exempted from
serving on juries and from all State military duty.

1952 (47) 2042.

§ 32-995. Marshals.

The Commission may authorize the superintendents to employ suitable persons
to act as marshals to keep intruders off and prevent trespass upon State mental
health facilities. The marshals shall be vested with all the powers and charged with
all the duties of police officers generally. They may eject trespassers. They may
without warrant arrest persons guilty of disorderly conduct or of trespass on State
mental health facilities and have them tried in any court of competent jurisdiction.

1952 (47) 2042.

§ 32-996 1952 Supplement 168

§ 32-996. Easements to public service companies.

The Commission may, by resolution recorded on the minutes of its meetings,
grant easements, permits, or rights of way on, over, or under the grounds of the
facilities, but none may be granted unless approved in writing by the Attorney
General before delivery.

1952 (47) 2042.

§ 32-997. Contracts.

No member of the Commission or officer or employee of any State mental health
facility shall be financially benefited by any contract or purchase made by any
State mental health facility.

1952 (47) 2042.

§ 32-998. Existing facilities; maintenance.

The following facilities shall continue in existence and shall be maintained for the
following purposes :

The South Carolina State Hospital shall be maintained for the care and treat-
ment of persons who are mentally ill, and those persons accused of crime who have
been committed to the hospital in accordance with the provisions of § 32-1007.

The State Training School shall be maintained for the care and training of white
persons who are mentally deficient and other white persons under sixteen years
of age who may be admitted upon approval of the Commission for the purpose
of examination, adjustment, treatment, or training.

The mental health clinics shall be maintained for the diagnosis, treatment and
prevention of mental illness.

1952 (47) 2042.

§ 32-999. Admission of persons in State institutions ; discharge.

The superintendent of any State institution not under the jurisdiction of the
Commission may request the admission of any person confined therein to a State
mental health facility if the person is suspected of being mentally ill or mentally
defective. If, after full examination, the superintendent of the facility is of the
opinion that the person is mentally ill or mentally defective he shall hold him,
subject to the orders of the Commission, and shall notify the superintendent of
the institution from which the person was admitted. Upon recovery of the person
the superintendent of the facility to which the person was admitted shall return
him to the custody of the superintendent of the institution from which he was ad-
mited.

1952 (47) 2042.

§ 32-1000. Admission of persons in jail.

Upon receiving the notification provided for in § 55-424 concerning a person in
jail and suspected of being mentally ill, mentally defective, or epileptic, the Com-
mission shall immediately cause the person to be examined by two designated
examiners, and if admittance is warranted it shall obtain his discharge from the
arresting authority and shall, subject to the availability of suitable accommoda-
tions, admit the person to an appropriate State mental health facility.

1952 (47) 2042.

169 Code of Laws of South Carolina, 1952 § 32-1004

§ 32-1001. Transportation to facility.

Whenever an individual is about to be admitted to a State mental health facility
under the provisions of § 32-1021, § 32-1023, or §§ 32-958 to 32-967 or §§ 32-1033
to 32-1039 the superintendent of the facility concerned upon request may approve
transportation of the individual by any of the following persons :

( 1 ) Relatives or friends of the individual, but the State shall not be charged
with any expenses arising out of the transportation ;

(2) County officials, preferably in civilian clothes, at the expense of the county;

(3) Any State mental health facility's personnel upon condition that the county

from which the person is transported agrees to pay the expenses incurred by the

facility in transporting the individual.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1002. Detention pending removal to facility.

Pending his removal to a state mental health facility the individual taken into
custody or ordered to be admitted may be temporarily detained in his home, a
licensed foster home, or any other suitable facility under such reasonable condi-
tions as the county governing body, supervisor, or manager may fix, but he shall
not, except because of and during an extreme emergency, be detained in a nonmedi-
cal establishment used for the detention of individuals charged with or convicted of
penal offenses. The county governing body, supervisor, or manager shall take
such reasonable measures, including provision of medical care, as may be necessary
to assure proper care of an individual temporarily detained under this section.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1003. Nonresident patient or trainee.

If any person admitted to a State mental health facility is not a citizen of this
State, the superintendent of the facility concerned shall immediately notify the
Commission, and the Commission shall notify the Governor of the state of which
the patient or trainee is a citizen. If the State of his citizenship fails to provide
for his removal within a reasonable time, the Commission shall cause him to be
delivered to the officials authorized by law to care for similar persons pending their
commitment to State institutions of the State of his citizenship. The cost of these
proceedings and conveyance from this State shall be borne by this State under
reciprocity agreements made by the Commission with the mental health authorities
of other states.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1004. Patient or trainee not a citizen of United States.

If any person admitted to a State mental health facility is .not a citizen of the
United States, the superintendent of the facility concerned shall immediately notify
the Commission of the name of the person and all ascertainable information as to
race, nativity, date of last arrival in the United States, the name of the vessel
on which he arrived, the port at which he landed, and the name of the transporting
company. The Commission shall transmit this information to the appropriate United
States authorities and shall continue to provide care and treatment for the patient
or trainee pending arrangements for his deportation.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1005 1952 Supplement 170

§ 32-1005. Infirmed; harmless mental defective; harmless epileptic.

The Commission shall investigate the case of each patient or trainee in a State
mental health facility who is simply mentally or physically infirm or who is a
harmless mental defective or harmless epileptic. When, in the opinion of the Com-
mission, the family, guardian, trustee, committee, or other person legally respon-
sible for the person is financially able to provide for his care, it shall, when in the
opinion of the Commission this is advisable, transfer the patient or trainee to the
custody of that person. If all persons legally responsible for the patient or trainee
are financially unable to provide for his care, the Commission shall, when prac-
ticable, transfer the custody of the person to the county health authorities of the
county of which the patient or trainee was a resident prior to admittance.

1952 (47) 2042.

See § 32-977 for provisions of this section as they appeared in the 1942 Code.

§ 32-1006. Examinations of patients and trainees; voluntary discharge.

The superintendent of a State mental health facility shall as frequently as
practicable, but not less often than every twelve months, examine or cause to be
examined every patient or trainee and whenever he determines that the conditions
justifying involuntary confinement no longer obtain, he shall immdiately make a
report thereof to the Commission and the Commission may discharge the person.

1952 (47) 2042.

See § 32-978 for provisions of this section as they appeared in the 1942 Code.

§ 32-1007. Privileges of patients and trainees.

Subject to the general rules and regulations of the Commission and except to
the extent that the superintendent of the institution determines that it is necessary
for the welfare of the person to impose restrictions, every patient or trainee may :

(1) communicate by sealed mail or otherwise with persons, including official
agencies, inside or outside the institution ; and

(2) receive visitors.

Notwithstanding any limitations authorized under this section on the right of
communication, every patient or trainee may communicate by sealed mail with the
Commission and with the court, if any, which ordered his confinement.

Any limitations imposed by the superintendent of the institution on the exercise

of these rights by the patient or trainee and the reasons for the limitations shall

be made a part of the clinical record of the person.

1952 (47) 2042.

See § 32-979 for provisions of this section as they appeared in the 1942 Code.

§ 32-1008. Transfers.

The Commission may transfer, or authorize the transfer of an involuntary
patient or trainee from one facility to another if the Commission determines that
it would be consistent with the medical needs of the person to do so. When a
patient or trainee is transferred, written notice thereof shall be given to his legal
guardian, parents, spouse, or, if none be known, to his nearest known relative or
friend.

If the legal guardian, parent, spouse, or relative or friend of an involuntary
patient or trainee desires the transfer of the patient from one facility to another
he may submit a request therefor to the Commission stating his reasons for desiring
the transfer and unless the Commission reasonably determines that it would be
inconsistent with the medical needs of the person the transfer shall be made.

171 Code of Laws of South Carolina, 1952 § 32-1011

Upon receipt of a certificate of an agency of the United States that facilities are
available for the care or treatment of any individual confined pursuant to law in
any State mental health facility and that such individual is eligible for care or
treatment in an institution of the agency, the Commission may cause his transfer
to the agency of the United States for confinement. Upon effecting the transfer,
the court ordering confinement, the legal guardian, spouse, and parents, or if none
be known, his nearest known relative or friend shall be notified thereof immediately
by the Commission. No person shall be transferred to an agency of the United
States if he be confined pursuant to conviction of any felony or misdemeanor or
if he has been acquitted of the charge solely on the ground of mental illness unless
prior to transfer the court originally ordering his confinement shall enter an order
for transfer after appropriate motion and hearing. Any person transferred as pro-
vided in this section to an agency of the United States shall be deemed to be
confined by the agency pursuant to the original order of confinement.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1009. Discharges ; effect of regular.

No person except a voluntary patient or trainee shall be conditionally discharged
or discharged except upon approval by the Commission and the fulfillment of
conditions specified by it. The regular discharge of any person shall ipso facto
restore to him all his legal rights. The superintendent of the facility from which
a person, admitted under judicial procedure, is discharged shall cause to be filed
with the court from which the person was admitted a certificate, the form of
which the Commission shall prescribe, showing that the person concerned has been
found mentally competent and has been regularly discharged.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1010. Discharge or leave of absence of person confined by judicial pro-
ceedings.

Notwithstanding any other provision of this chapter, no person with respect to
whom proceedings for judicial confinement have been commenced shall be granted
leave of absence, conditionally discharged or discharged during the pendency of
such proceedings unless ordered by the court upon the application of the patient
or trainee, or his legal guardian, parent, spouse, or next of kin, or upon the report
of the superintendent of the facility that the person may be discharged with safety.

1952 (47) 2042.

§ 32-1011. Service of process.

The superintendent of a State mental health facility shall not accept service of
legal papers, nor consent to the appointment of a guardian ad litem, for any
patient or trainee. When a legal paper is served on a patient or trainee in a
facility, a copy thereof shall be filed with the superintendent who shall cause it to
be made a part of the permanent record of the person. The superintendnt shall
immediately, in writing, inform the court out of which the process issued of the
date of service of the process, the procedure under which the patient or trainee was
admitted to the facility, and the present mental and physical condition of the
person.

1952 (47) 2042.

§ 32-1012 1952 Supplement 172

§ 32-1012. Sexual intercourse with patient or trainee.

Any person, having sexual intercourse with a patient or trainee of any State
mental health facility whether the patient or trainee is within the facility or un-
lawfully away from the facility shall be guilty of a felony, and, upon conviction,
shall be punished by hard labor on the county chaingang or in the State Penitentiary
for a period not exceeding twenty years, within the discretion of the court.

1952 (47) 2042.

§ 32-1013. Committee for patient or trainee.

When an individual shall have been admitted to a State mental health facility
under the provisions of §§ 32-958 to 32-967 and § 32-1024 or §§ 32-1033 to 32-1039
and remains a patient or trainee therein, as well as in the case of an individual ad-
mitted thereto prior to March 7 1952 who is a patient or trainee therein, the
probate court of the county wherein the individual resided prior to admittance
shall have jurisdiction to appoint a committee for him and to make all orders
necessary for the custody and control of his estate, upon application by a relative,
friend, or other interested person. The application must be accompanied by a
certificate, signed by the physician in charge and the superintendent of the facility
concerned, stating that the person is in their opinion, after a full examination,
mentally ill or mentally defective.

1952 (47) 2042.

§ 32-1014. Charges for maintenance and medical care.

The Commission shall establish the charges for maintenance and medical care
for patients, other than beneficiary, of State mental health facilities. These charges
shall be based upon the per capita costs per day of the services rendered, which
may include costs of operation, costs of depreciation, and all other elements of
cost, which may be adjusted from time to time as the Commission considers ad-
visable. It shall establish a reasonable scale of fees to be charged patients, other
than beneficiary, served by the mental health clinics and shall retain these fees
for use in defraying the expenses of the clinics.

1952 (47) 2042.

§ 32-1015. Contract for care and treatment.

The Commission shall make investigations and ascertain which of the patients
or trainees of State mental health facilities or which of the parents, guardians,
trustees, committees, or other persons legally responsible therefor, are financially
able to pay the expenses of the care and treatment and it may contract with any of
these persons for the patient's or trainee's care and treatment. The Commission
may require any county or State agency which might have or might be able to
obtain information which would be helpful to it in making this investigation to
furnish this information upon request. In arriving at the amount to be paid the
Commission shall have due regard for the financial condition and estate of the
patient or trainee, his present and future needs and the present and future needs
of his lawful dependents, and whenever considered necessary to protect him,
or his dependents, may agree to accept a monthly sum less than the actual per capita
cost.

1952 (47) 2042.

173 Code of Laws of South Carolina, 1952 § 32-1021

§ 32-1016. Lien for care and treatment.

There is hereby created a general lien upon the real and personal property of any
person who is receiving or who has received care or treatment in a State mental
health facility, to the extent of the total expense to the State in providing the
care, training or treatment after March 7 1952. The Commission shall send to the
clerk of court and to the judge of probate of the county of the patient's or trainee's
known or last known residence a statement showing the name of the patient or
trainee and the date upon which the lien attaches, which shall be filed in the
offices of the clerk of court and the judge of probate in each county in which the
patient or trainee then owns or thereafter acquires property, real or personal, and
no charge shall be made for this filing. From the time of filing in either office,
the statement shall constitute due notice of the lien against all property then owned
or thereafter acquired by the patient or trainee. No action to enforce the lien
may be brought more than one year after the patient's or trainee's death. This
lien shall in no way affect the right of homestead.

1952 (47) 2042.
§ 32-1017. Liability of estate of deceased patient or trainee for State care.

Upon the death of a person who is or has been a patient or trainee of a State
mental health facility the executor or administrator and the judge of probate shall
notify the Commission in writing. If the decedent was cared for at the expense of
the State during his confinement, the Commission shall present a claim for the
amount due and this claim shall be allowed and paid as other lawful claims against
the estate. The Commission may waive the presentation of any claim where, in its
opinion, an otherwise dependent person would be directly benefited by waiver.

1952 (47) 2042.

Article 4.

State Hospitals.
§ 32-1021. General admissions.

Any individual may, subject to the availability of suitable accommodations, be
admitted to a state hospital upon :

( 1 ) written application to the hospital by a friend, relative, spouse, custodian,
or guardian of the individual or the superintendent of any medical institution in
which such individual may be ; and

(2) a certification by two designated examiners that they have jointly examined
the individual and that they are of the opinion that he is mentally ill ; and

(a) is in need of care and treatment in a hospital and because of his condition,
lacks sufficient insight or capacity to make responsible application therefor or

(b) because of his condition is likely to injure himself or others. An individual,
with respect to whom such a certificate has been issued, may not be admitted on
the basis thereof at any time after the expiration of fifteen days after the date of
examination, exclusive of any period of temporary detention authorized under
§ 32-1002.

Such certificate, if it states a belief that the individual is likely to injure himself
or others, shall, upon endorsement by a judge of the probate court of the county
in which the individual is resident or present, authorize any police officer, preferably
in civilian clothes, to take the individual into custody and transport him to the
hospital designated in the application.

1952 (47) 2042.

§ 32-1022 1952 Supplement 174

§ 32-1022. Voluntary admissions.

The superintendent of a private hospital may and subject to the availability of
suitable accommodations and if in the judgment of the superintendent the person
is a proper subject for voluntary admission, the superintendent of a state hospital
shall admit for observation, diagnosis, care and treatment any individual who is :

(1) Mentally ill or has symptoms of mental illness and who, being twenty-one
years of age or over, applies therefor or

(2) Mentally ill or has symptoms of mental illness and is under twenty-one years
of age, if his parent or legal guardian applies therefor in his behalf.

1952 (47) 2042.

§ 32-1023. Involuntary admissions.

Any individual may. subject to the availability of suitable accommodations, be
admitted to a state hospital upon :

(1) written application to the hospital by any person stating his belief that
the individual is likely to cause injury to himself or others if not immediately
restrained, and the grounds for this belief; and

(2) a certification, in triplicate, by at least one licensed physician that he has
examined the individual and is of the opinion that the individual is mentally ill and,
because of his condition, is likely to injure himself or others if not immediately
restrained.

An individual with respect to whom such a certificate has been issued may
not be admitted on the basis thereof at any time after the expiration of three days
after the date of examination.

Such certificate shall authorize any police officer, preferably in civilian clothes, to
take the individual into custody and transport him to the hospital designated in
the application. Within forty-eight hours after taking the individual into custody
the police officer shall obtain an endorsement of the certificate by the judge of
probate of the county in which the individual is taken into custody. If the judge
of probate refuses to endorse the certificate he shall state thereon his reasons for
his refusal and immediately transmit it to the hospital concerned and the hospital
shall discharge the patient immediately unless the superintendent thereof forthwith
files the certificate to initiate action provided for in § 32-973.

1952 (47) 2042.

§ 32-1024. Admission of person charged with crime to State Hospital.

Any judge of the circuit court may order admitted to the South Carolina State
Hospital any person charged with the commission of any criminal offense who
shall, upon the trial before him, be adjudged mentally ill, or in whom there
is a question as to the relation of mental illness to the alleged crime, whether this
question is raised by the prosecution or defense, or it appears to the judge from
any evidence brought before him or upon his own recognition. At the end of thirty
days the person shall be returned to the court if found mentally competent, or if he
is found mentally ill, then the superintendent of the hospital shall certify this finding
to the court and shall retain the person as a patient subject to the further orders
of the court, and any time thereafter upon the patient's recovery the court shall be
notified.

1952 (47) 2042.

175 Code of Laws of South Carolina, 1952 § 32-1030

§ 32-1025. Party notify of admission to a state hospital.

Whenever a patient has been admitted to a hospital pursuant to § 32-1021 or
§ 32-1023 on the application of any person other than the patient's legal guardian,
spouse, or next of kin, the superintendent of the hospital shall promptly notify the
patient's legal guardian, spouse, or next of kin, if known.

1952 (47) 2042.

§ 32-1026. Discharge of patients ; assistance render involuntary patients.

Any patient confined under the provisions of § 32-1021 or § 32-1023, who re-
quests to be discharged or whose discharge is requested, in writing, by his legal
guardian, spouse, or adult next of kin, shall be discharged within seven days after
receipt of the request except that, upon application to the probate court supported
by a certification by the superintendent of the hospital that in his opinion discharge
would be unsafe for the patient or for others, discharge may be postponed for a
period not to exceed fifteen days which the court may determine to be necessary for
the commencement of proceedings for a judicial determination pursuant to §§
32-958 to 32-967.

The superintendent of the hospital shall provide reasonable means and arrange-
ments for informing involuntary patients of their rights to discharge as provided
in this section and for assisting them in making and presenting requests for dis-
charge.

1952 (47) 2042.

§ 32-1027. Conditional discharge of improved patient; final discharge.

The superintendent of a state hospital with the approval of the Commission, may
conditionally discharge an improved patient on the condition that he receive
out-patient treatment or on other reasonable conditions specified by the Commis-
sion. Whenever conditional discharge of a patient has extended beyond one year,
the superintendent of the institution shall re-examine the facts relating to confine-
ment of the patient and, if he determines that in view of the condition of the
patient confinement is no longer justified, he shall make an immediate report
thereof to the Commission and the Commission may discharge the patient.

1952 (47) 2042.

§ 32-1028. Reconfinement of conditionally discharged patient or patient away
without leave.

The Commission may issue an order for the immediate reconfinement of a
conditionally discharged patient who has failed to fulfill the conditions of this
discharge or any patient who has left a state hospital without permission if it
has reason to believe that conditions justifying confinement continue to exist. Such
order, when endorsed by the judge of the probate court of the county in which
the patient is resident or present, shall authorize any police officer, preferably in
civilian clothes, to take the patient into custody and transport him to the facility
designated by the Commission.

1952 (47) 2042.

§ 32-1030. Payment of small amounts to State Hospital superintendent.

If any insane person, a patient of the State Hospital, has no legally appointed
committee in lunacy, the superintendent of the Hospital may receive and accept
for the use and benefit of any such patient any sum of money, not in excess of the

§ 32-1030 1952 Supplement 176

sum of seven hundred dollars in any one calendar year, which mav be due such
patient by inheritance, gift, pension or otherwise. The superintendent may act
as committee in lunacy for any such patient and his endorsement or receipt shall
discharge the obligor for such sum so received. Upon receipt of any such fund
the superintendent shall use it for the proper maintenance, use and benefit of such
patint, or as much thereof as may be necessary for such purposes. In the event
any such patient should die leaving an unexpended balance of any such funds in
the hands of the superintendent, he shall apply such balance first to the funeral
expenses of such patient and then to the payment and discharge of any indebtedness
due the Hospital by such deceased patient and any balance remaining thereafter
shall be paid to the judge of probate of the county committing such patient to be
distributed under the statute of distribution of the State.
1952 (47) 2042.

Article 5.

State Training Schools.
§ 32-1031. Areas.

Any State training school may be organized into the following areas :

( 1 ) A school area, the purpose of which shall be to establish, promote and
maintain a child development center in which supervision and training are organized
to supply the needs, to the best degree possible, of those persons admitted thereto.

(2) A hospital area, the purpose of which shall be to provide nursing, super-
vision, recreation and any form of elementary training considered proper for the
attainment of better living, to as high a degree as possible, for all persons admitted
thereto.

(3 ) A home area, the purpose of which shall be to provide custody, care, super-
vision and such vocational instruction as is deemed practical for adults and other
persons who may be considered incapable of profiting satisfactorily from instruc-
tion and residence in the school area.

1952 (47) 2042.

§32-1032. Voluntary admissions.

The superintendent of a private training school may and, subject to the avail-
ability of suitable accommodations and if in the judgment of the superintendent the
person is a proper subject for voluntary admission, the superintendent of a State
training school shall admit for observation, diagnosis, training, care and treatment
any individual who is mentally defective, if his parents, parent with custody, county
governing body, lawful custodian or legal guardian applies therefor on his behalf.

An individual under sixteen years of age may, upon approval of the Commission,
be admitted for the purpose of examination, adjustment, treatment or training to
a state training school, if his parents, parent with custody, county governing body,
lawful custodian or legal guardian applies therefor on his behalf.

The Commission shall determine which of the applications for admission shall
be granted and in what order.

1952 (47) 2042.

§ 32-1033. Application for involuntary admission; hearing; appeal.

Proceedings for the involuntary admission of any individual to a State training
school may be commenced by the filing of a written application with the probate
court or any other court having jurisdiction by any friend, relative, guardian or

177 Code of Laws of South Carolina, 1952 § 32-1037

the superintendent of any public or private institution in which such individual
may be. The application shall be accompanied by a certificate of a licensed physician
stating that he has examined the individual and is of the opinion that he is mentally
defective, or is otherwise a proper person to be admitted to a State training school,
and should be admitted, or a written statement that the individual has refused to
submit to an examination by a licensed physician.
1952 (47) 20-12.

§ 32-1034. Parties notify.

Upon receipt of an application the court shall give notice thereof to the person
for whom the application is made, to his legal guardian, if any, and to his parents
and nearest known other relative or friend. If, however, the court has reason to
believe that notice would be likely to be injurious to the individual, notice to him
may be omitted.

1952 (47) 2042.

§ 32-1035. Examination of individual.

As soon as practicable after notice of the commencement of the proceedings is
given or it is determined that notice should be omitted, the court shall appoint
two designated examiners to examine the individual and report to the court their
findings as to his mental condition and his need for custody, care, training or
treatment in a training school.

1952 (47) 2042.

§ 32-1036. Report of examiners.

If the report of the examiners is to the effect that they are of the opinion
the individual is mentally defective, or is otherwise a proper person to be ad-
mitted to a state training school, the court shall forthwith fix a date for and give
notice of a hearing, if a hearing is requested, to be held without a jury not less
than ten nor more than fifteen days from receipt of the report. If the report of the
examiners is to the effect that they are of the opinion that the individual is not
mentally defective, or is not otherwise a proper person to be admitted to a state
training school, the court shall terminate the proceedings and dismiss the applica-
tion.

1952 (47) 2042.

§ 32-1037. Hearing.

If a hearing is requested, all persons to whom notice is required to be given
may appear at the hearing, testify, and present and cross examine witnesses, and
the court may receive the testimony of any other person. The individual for whom
the application is made shall not be required to be present, and the court may
exclude all persons not necessary for the conduct of the proceedings. The hear-
ing shall be conducted in as informal a manner as may be consistent with orderly
procedure and in a physical setting not likely to have a harmful effect on the
mental health of the individual. The court shall receive all relevant and material
evidence which may be offered, including evidence of the want of proper supervision,
control, care or support and of any other condition making it unsafe or dangerous
to the welfare of the community or the welfare of the individual for whom the
application is made to be at large without supervision, control and care.

1952 (47) 2042.

§ 32-1038 1952 Supplement 178

§ 32-1038. Order.

If, upon completion of the hearing and consideration of the record, or, if no
hearing be requested, upon the filing of the report of the examiners, the court
finds that the individual for whom the application is made is mentally defective,
or is otherwise a proper person to be admitted to a State training school and

( 1 ) is in need of custody, care, training or treatment in a training school and
because of this condition lacks sufficient insight or capacity to make responsible
decisions with respect to his admittance to a training school or

(2) because of his condition is likely to injure himself or others or is dangerous
to the welfare of the community, it shall order his admittance to a State training
school; otherwise, it shall dismiss the proceeding. No such order, however, shall
be issued, admitting any individual to a State training school, or be binding upon
the Commission, until the Commission, having been notified by the court of its
finding, shall inform the court that suitable accommodations for the custody, care,
training or treatment of the individual are available at a State training school.

1952 (47) 2042.

§ 32-1039. Appeal.

The petitioner or any other interested person standing within the family relation-
ship of the person for whom the application is made may appeal from the order
of the probate court or any other court subordinate to the court of common pleas
to the court of common pleas of the county, and a trial shall be had de novo with
a jury in the same manner as civil actions are tried.

1952 (47) 2042.

§ 32-1040. Discharge.

No individual admitted to a State training school under § 32-1032 or §§ 32-1033
to 32-1039 shall be discharged without the approval of the Commission or, by its
designation, without approval of the superintendent, except upon an order of a
judge of the Supreme Court or a circuit court of this State, having jurisdiction,
rendered in a proceeding in the nature of an application for a writ of habeas corpus.

1952 (47) 2042.

§ 32-1041. Leave of absence.

The superintendent of any State training school, with the approval of the Com-
mission, may permit any persons to leave a State training school on leaves of
absence for such lengths of time on such conditions as may be determined, and
may from time to time extend the period of such leaves or change the conditions
upon which they are granted. The Commission shall cause an investigation to be
made prior to the granting of any such leave as to the home or place into which
such persons may go and of all other conditions and circumstances which may affect
the welfare of the persons to whom the leave may be granted. The Commission may
revoke any leave of absence so granted and return any person to the institution
at any time for any cause, in its judgment, deemed wise.

1952 (47) 2042.

§ 32-1042. Reconfinement.

The Commission may issue an order for the immediate reconfinement of any
person who mav leave without permission or who may be on leave of absence, then
revoked, from any State training school and this order, when endorsed by the judge

179 Code of Laws of South Carolina, 1952 § 32-1067

of the probate court of the county in which the person is resident or present, shall
authorize any police officer, preferably in civilian clothes, to take the person into
custody and transport him to the training school designated.
1952 (47) 2042.

§ 32-1043. Interference with return or failure to return.

Any person who shall harbor or otherwise interfere with the Commission in
the return of any such person who may have left a training school without per-
mission or who may fail to return or be returned after revocation of any leave of
absence, shall be guilty of a misdemeanor and shall be punished within the discre-
tion of the court.

1952 (47) 2042.

CHAPTER 7.

State Training School.

§ 32-1051. "Feeble-minded" defined.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1052. School established.

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 2042 to 2074.

§ 32-1053. Corporate powers.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1054. Board of Regents of State Hospital to control; rules and regula-
tions.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1055. Separate location and management.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1058. Who may be admitted or committed to school.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1059. Procedure for admission.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1060. Petition for commitment.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1061. Hearing on petition.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1062. Order of court on petition.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1063. How expenses of commitment, etc., paid.

Repealed by 1952 A. & J. R. (47 St. at L.) pp. 2042 to 2074.

§ 32-1064. Custody and detention of persons admitted or committed.

Repealed by 1952 A. & J. R. (47 St. at h.) pp 2042 to 2074.

§ 32-1065. Liability for maintenance.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1066. Departments of school.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1067. Persons admitted to departments.

Repealed by 1952 A. & J. R. (47 St. at L.) £p_ 2042 to 2074.

§ 32-1068 1952 Supplement 180

§ 32-1068. School department.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1069. Qualification of teachers in school department.

Repealed by 19S2 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1070. Child study center.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1071. Hospital department.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1072. Home department.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1073. Parole of inmates; revocation.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1074. Repossessing paroled or escaped children; interference a misde-
meanor.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

§ 32-1075. Sexual intercourse with inmate or parolee a felony.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

CHAPTER 8.
Vital Statistics.

Article 2.
Birth Cards and Other Certificates.

§ 32-1124. Fees for such certificates.

For the making, furnishing of and certification upon any such card or certificate
or certified copy of the record mentioned in §§ 32-1121 or 32-1122 a fee of fifty
cents shall be charged and paid by the applicant.

1952 (47) 2146.

CHAPTER 9.
Water, Sewerage, Garbage, etc.

See § 44-660.

Article 10.
Garbage Disposal in Spartanburg County.

§ 32-1331. County health department regulate disposal of garbage.

The county health department may regulate the collection, removal and disposal
of all garbage within the county. All disposal plants, equipment, sites and similar
property shall at all times be subject to the inspection, approval and regulation of
the health department.

1952 (47) 2134.

§ 32-1332. License required handle garbage or clean septic tanks.

It shall be unlawful for any person to move, collect, transport, or in any way
handle garbage or clean septic tanks for hire in Spartanburg County without first
having obtained from the Spartanburg County Health Department a permit or
license authorizing same. However, any person may move or dispose of garbage
that accumulates on his premises without obtaining such license.

1952 (47) 2134.

181 Code oe Laws oe South Carolina, 1952 § 33-106.1

§ 32-1333. License for removal trucks, etc. ; inspection.

The health department may charge a minimum license fee of one dollar per year
to each truck, wagon or other conveyance moving, collecting or transporting gar-
bag in the county. The conveyance shall be subject to inspection and approval of
the health department, and if* at any time such conveyance is found to be inade-
quate, or undesirable for such use, the license of same may be revoked by the
health department.

1952 (47) 2134.

§ 32-1334. Article inapplicable to cities and towns.

The provisions of this article shall not apply to incorporated cities and towns
within the county.
1952 (47) 2134.

§ 32-1335. Penalties.

Any person violating any of the regulations of the State Board of Health or
county board of health after he shall have been notified thereof in writing by the
county health officer, a sanitary inspector or a county health nurse shall be guilty
of a misdemeanor and on conviction shall be imprisoned not less than three or more
than ten days or pay a fine of not less than five dollars or more than twenty-five
dollars. Each day that any such regulation is not obeyed after one notice shall
constitute a separate offense. Notice by registered mail shall be sufficient here-
under. The penalty provided herein shall be in addition to all other remedies and
penalties provided by law.

1952 (47) 2134.

Title 33.

Highways, Bridges and Ferries.

Chapter 3. State Highway System, § 33-106.1.
11. County Road Taxes, § 33-1206.
13. Special Provisions for Particular Counties, § 33-1521.

CHAPTER 3.

State Highway System.

Article 1. Article 2.

Composition of and change in System, Rights of Way, Lands and Condemnation,

§ 33-106.1. § 33-146.1.

Article 1.

Composition of and Change in System.
§ 33-106.1. Additions to secondary system; maintenance.

The State Highway Department shall take over and accept as a part of the state
highway secondary system the roads remaining in the various county road systems,
which have been maintained by the respective counties, or so much mileage thereof,
as the availability of funds for construction of secondary State highways in a county
may justify. Municipal streets which are extensions of state highways may be
added to the state highway secondary system in lieu of an equal mileage of county
roads. The roads to be placed in the state highway system hereunder shall be
selected by the Department by and with the approval of the Senator and at least
one-half of the members of the House in each county. Maintenance jurisdiction by
the Department of roads added to the state highway secondary system pursuant

§ 33-106.1 1952 Supplement 1S2

to the provisions of this section shall not commence until construction to state
highway standards shall have started.
1952 (47) 2031.

§ 33-106.2. Substitution of roads in secondary system; maintenance of de-
leted road.

The State Highway Department, with the approval of the Senator and at least
one-half of the members of the House in each county, may delete and remove from
the state highway secondary system of roads in any county any roads which are
of low traffic importance, and substitute therefor, an equal, or less, mileage of other
roads of higher traffic importance as determined by traffic surveys and estimates
Maintenance responsibility for roads deleted and removed from the state highway
secondary system, pursuant to the provisions of this section, shall transfer from the
jurisdiction of the Department to the jurisdiction of the county or municipality in
which such roads are situated, effective upon notice from the Department of official
action deleting and removing the roads from the state highway system.

1952 (47) 2031.

§ 33-120.4. Anderson County.

(1) A section of road designated as road S-4-210 from road S-4-96 approxi-
mately two miles west of Williamston southwesterly approximately two miles to
U. S. Route 29 is hereby taken out of the state highway system.

(2) With the approval of the Senator and at least one-half of the Representatives
from Anderson County, a section of road in Anderson County of approximately
equal length may be added to the state highway system in lieu of the road herebv
removed.

1952 (47) 2120.

§ 33-120.6. Barnwell County.

( 1 ) The State Highway Department, with the approval of the Barmuell County
legislative delegation, may construct any necessarv service and access roads and
streets to housing developments, in Barnwell County in the vicinity of the Savannah
River Plant of the A. E. C, out of Barmt'eU County's allocation of secondary road
construction funds, and to maintain such roads so constructed as parts of the state
highway secondary system.

1952 (47) 2040.

(2) The State Highway Department shall add to the state highway system, sur-
vey and construct a road approximately one and four-tenths miles in length from
the intersection of Jackson and Boundary Streets in Barmccll southerly and south-
easterly to State Route 3 south of Barnwell.

The cost of this road shall be charged against funds allocated to Barnwell
County for secondary or farm-to-market road construction.
1952 (47) 2119.

§ 33-120.37. Oconee County.

The section of road in Oconee County designated as road 145 and extending
from U. S. route 76 approximately two-tenths mile west of the Oconee-Anderson
County line southwesterly and westerly approximately one and two-tenths miles to
road 22 is removed from the state highway system.

1952 (47) 2033.

183 Code of Laws of South Carolina, 1952 § 33-1206

Article 2.
Rights of Way, Lands and Condemnation.
§ 33-122. Acquisition of property generally.

Cited. Welling v. Clinton Newberry Nat- S. E. (2d) 7, (1952).
ural Gas Authority, et al, 221 S. C. 417; 71

§ 33-146.1. Same; Charleston, Greenville and Spartanburg Counties.

In Charleston, Greenville, and Spartanburg Counties all deeds and other instru-
ments or papers required to be filed under the provisions of § 33-146 in the office
of the clerk of court of common pleas shall be filed in the office of the register of
mesne conveyance. All duties required of clerks of court in other counties in said
section are devolved upon the register of mesne conveyance of Charleston, Green-
ville, and Spartanburg Counties, and the records required to be kept by the State
Highway Department under said section in the office of the clerk of court of com-
mon pleas shall be maintained in Charleston, Greenville, and Spartanburg Counties
in the office of the register of mesne conveyance.

1952 (47) 2041.

CHAPTER 5.
Obstructions or Damages to Roads or Drainage Thereof.

Article 4.
Gates.
§ 33-512. Gates on private roads.

The gates authorized by this statute are vide enclosures, not mere obstructions to

such as are erected to prevent the passage travel. Owens v. Cantrell, 219 S. C. 433; 65

of animals, not people, and it is contem- S. E. (2d) 773, (1951).
plated that they be parts of fences to pro-

CHAPTER 10.
County Roads, Bridges and Ferries Generally.

Article 5.
Suits for Injuries on Highways.
§ 33-921. Damages from defective highways, etc.

The base of liability of counties with re- Jeff Hunt Machinery Co. v. S. C. State
spect to their highways is substantially the Hwy. Dept., 219 S. C. 340; 65 S. E. (2d)
same as that of the State as to its highways. 260, (1951).

§ 33-923. Claim prerequisite to suit; time limit on suit.

Order sustaining demurrer to complaint (2d) 548, (1950).
for its failure to allege filing of verified Substantial compliance with require-

claim within prescribed time and permitting ment that claim be filed in 180 days, held

plaintiff to amend it sustained. Braudie v. sufficient, Braudie v. Richland County, 219

Richland County, 217 S. C. 57; 59 S. E. S. C. 130, 64 S. E. (2d) 248, (1951).

CHAPTER 11.
County Road Taxes.

Article 24.
Nezvberry County.

§ 33-1206. Commutation road tax.

Repealed by 1952 A. & J. R. (47 St. at L.) p 1706

§ 33-1521 1952 Supplement 184

CHAPTER 13.

Special Provisions for Particular Counties.

Article 9. Article 12.1.

Chester County, § 33-1521. Darlington County, § 33-1566.

Article 9.
Chester County.
§ 33-1521. Supervision of road work.

The county manager shall have in charge, organize and manage the construction,
maintenance and repair of the roads, highways, and bridges of Chester County
and shall have adequate authority and full responsibility for the construction and
maintenance of roads, highways, and bridges. The county manager shall cooperate
at all times with the State Highway Department in the highway construction pro-
gram now jointly engaged in by the Department and Cliestcr County on roads in
the highway system and shall accept supervisory technical assistance made availa-
ble by the Department in the program of construction and maintenance of roads
in Chester County.

1952 (47) 2127.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2127 to 2130.

§ 33-1522. Compensation and bond of supervisor.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2127 to 2130.

§ 33-1523. Supervisor to hire and discharge employees.
Repealed by 1952 A. 5; J. R. (47 St. at L.) pp 2127 to 2130.

Article 12.1.
Darlington County.
§ 33-1566. Road programs.

The Darlington Countv board of directors shall as soon as practicable after its
appointment, and not later than February 1st of each succeeding year, draw up a
proposed program for the building of roads, improvements to existing roads, and
recommendations for roads to be included in the state primary and secondary sys-
tems. The program shall be designed to cover a period of one year from the date
of its preparation and the countv delegation shall be governed thereby in all matters
properly contained therein and no changes or deviations made except by and with
the consent of the majority of the county delegation, including the Senator.

5 J 47i 2096.

Title 37.
Insurance.
Chapter 3. Insurance Companies. Brokers and Agents Generally. § 37-149.1.

CHAPTF.R 2.
Insurance Department.

Article 1.
General Provisions.

§ 37-66. Power of court on review.

Applied. Independence Ins. Co. v. Inde- Corporation. 218 S. C. 22; 61 S. E. (2.1) 399,
pendent Life & Ace. Ins. Co., A Florida (1950).

185 Code oe Laws of South Carolina, 1952 § 38-76

A letter from an insurance company to which no remedy can be had in a civil ac-

state insurance commissioner, relating to tion. Johnson v. Independent Life & Acci-

termination of agent's employment is an dent Ins. Co., 94 F. Supp. 950 (1951).
absolutely privileged communication for

CHAPTER 3.

Insurance Companies, Brokers and Agents Generally.

Article 3.
Conduct of Business Generally, § 37-149.1

Article 1.

Certificates of Authority and Other Requirements for Doing Business.

§ 37-108. Foreign companies with names similar to others not to be qualified.

Cited. Independence Ins. Co. v. Indepen- poration, 218 S. C. 22; 61 S. E. (2d) 399,
dent Life & Ace. Ins. Co., A Florida Cor- (1950). '

Article 3.

Conduct of Business Generally.

§ 37-149.1. Investments in farm loan bonds.

Any insurance company organized under the laws of this State may invest in or
lend money on the security of Federal farm loan bonds issued by the Federal land
banks pursuant to the Federal Farm Loan Act as amended, bonds issued by the
Federal Farm Mortgage Corporation pursuant to the provisions of an act of Con-
gress known as the 'Federal Farm Mortgage Corporation Act,' Federal Inter-
mediate Credit Bank debentures issued pursuant to the Federal Farm Loan Act as
amended, and debentures issued by Central Bank for Cooperatives organized under
the Farm Credit Act of 1933.

1952 (47) 1893.

Title 38.

Juries and Jurors in Circuit Courts.

■308.

Chapter 2. Drawing and Summoning Jurors, § 38-51.2.

5. Service as Jurors and Compensation Therefor, § 38-

CHAPTER 2.
Drawing and Summoning Jurors.

§ 38-51.2. Same; Richland County.

In Richland County, when, at the time for preparing a jury list or at the time
for drawing a jury, the clerk of court of common pleas, the county auditor or the
county treasurer is unable to serve, one or more of the following, as may be neces-
sary, shall act as jury commissioners in lieu of their respective superiors : the dep-
uty clerk of common pleas, the deputy county auditor or the deputy county treas-
urer.

1952 (47) 2123.

Former § 38-51.2 being based on population was applicable only to Richland county and
in view of above provisions it is considered the former section was repealed thereby.

§ 38-76. Calling alternate jurors in circuit court.

Constitutional. State v. Mclntire, 221 S. C. 504; 71 S. E. (2d) 410, (1952).

§ 38-202 1952 Supplement 186

CHAPTER 4.
Objections and Challenges to Jurors and Empanelling of Juries.

§ 38-202. Jurors may be examined by court; if not indifferent, shall be set
aside.

There is no rule of the common law, nor guinity, within any degree. The State v.

is there a statute disqualifying a juror on Nicholson, et al, 221 S. C. 399; 70 S. E.

account of his relationship to an attorney (2d) 632, (1952).
in the case, either by affinity or consan-

CHAPTER 5.
Service as Jurors and Compensation Therefor.

§ 38-303. Procedure when jury fail to agree.

Applied. Rowland v. Harris, et al, 218 S. C. 42; 61 S. E. (2d) 397, (1950).

§ 38-308. Compensation of jurors in circuit court.

*****

(4) In the counties of Allendale, Bamberg, Barnwell, Beaufort, Cherokee,
Chester, Chesterfield, Colleton, Dorchester, Fairfield, Jasper, Lexington, Oconee,
Orangeburg, and Saluda, three dollars; provided, that if any juror in Chester
County is kept on duty after eleven o'clock at night he shall be paid for an addi-
tional day;
*****

(8) In Charleston, Fairfield, Newberry, Pickens and Sumter Counties, five dol-
lars; provided that if in either Charleston, Newberry or Pickens County any juror
serving upon any case is detained by such jury service after twelve o'clock mid-
night, it shall be considered that the jury shall have entered into a new day of jury
service; and provided further, that if a juror in either Charleston or Nezvberry
County in either such county is discharged from jury service before one o'clock
p. m. on any day he shall only be paid one-half of the per diem herein set forth :
two dollars and fifty cents.

1952 (47) 1914.

Title 42.
Libraries.

CHAPTER 7.

Local Provisions.

Article 13. Article 14.

Lancaster County Public Library, § 42-501. Lee County Public Library Commission,

§ 42-514.

Article 13.
Lancaster County Public Library.

§ 42-501. County board of education to operate.

The county board of education of Lancaster County shall operate the Lancaster
County Public Library. The expenses of the operation of the library shall be de-
frayed from school funds.

1952 (47) 2014.

§ 42-502. County board of education to provide sum in budget.
Repealed by 1952 A. & J. R. (47 St. at L.) pp 2014 to 2019.

187 Code of Laws of South Carolina, 1952 § 43-670

Article 14.
Lee County Public Library Commission.

§ 42-514. Annual meeting - ; election of offices; budgets.

The commission shall hold an annual meeting in June of each year, at which
time it shall elect a chairman, a secretary, an executive committee and such other
officers and committees as it deems 'necessary, who shall hold office until the next
annual meeting. The commission shall at its annual meeting estimate its prospective
income for the ensuing fiscal year and adopt a budget calculated to operate the
library during the next twelve months within the limits of the funds available.
1952 (47) 1708.

Title 43.
Magistrates and Constables.

Chapter 3. Search Warrants, Arrest, Preliminary Examinations, Commitment
and Bail, § 43-231.1.
5. Local Provisions, § 43-670.

CHAPTER 2.
Jurisdiction and Procedure in Magistrates' Courts.

Article 2.
Criminal Jurisdiction.

§ 43-68. When jurisdiction exclusive and when concurrent.

Stated. State v. Castleman, 219 S. C. 136, 64 S. E. (2d) 250.

CHAPTER 3.
Search Warrants, Arrest, Preliminary Examinations, Commitment

and Bail

Article 3.
Preliminary Examinations.
§ 43-231.1. Same; warrant issued by coroner.

In instances in which a warrant charging a crime beyond the jurisdiction of a
magistrate is issued by a coroner, a preliminary investigation as provided for
herein shall be granted, upon demand of the defendant, by the magistrate having
territorial jurisdiction.
1952 (47) 2171.

CHAPTER 5.

Local Provisions.

Article 12. Article 23.

Chester County, § 43-670. Greenville County, § 43-802.

Article 12.
Chester County.

§ 43-670. Number and location of magistrates; jurisdiction.

*****

The magistrate of the first magisterial district and the magistrate of the seventh
magisterial district shall have jurisdiction over the entire area of the county in all
civil matters triable in magistrates' courts. Nothing contained in this paragraph shall

§ 43-670 1952 Supplement 188

be construed to deprive a magistrate in any other district of the county of juris-
diction in civil actions brought in his district.
1952 (47) 2161.

Article 23.

Greenville County.
§ 43-802. Territorial jurisdiction.

The two magistrates located in Greenville, the one in West Greenville, the mag-
istrates in Greer, Piedmont and Fountain Inn, the magistrates in Oaklawn and
Bates townships and the magistrate in Taylor, in Chick Springs township shall
have civil and criminal jurisdiction throughout the whole of the county. The other
magistrates shall have jurisdiction only in both civil and criminal cases arising in
their respective townships. The jurisdiction of these maigstrates shall be concurrent
with that of the magistrates whose territorial jurisdiction is countywide.

1952 (47) 1873.

Title 44.
Military, Civil Defense and Veterans Affairs.

Chapter 5. Temporary or Emergency War Measures, § 44-415.
9. Other Provisions for Benefit of Veterans, § 44-660.

CHAPTER 5.
Temporary or Emergency War Measures.

Article 1.1.
Contract with Other States for Mutual Helpfulness in Civil Defense Emergency.
§ 44-415. Authorized.

The State of South Carolina bv and through the Governor of the State is hereby
authorized and empowered to enter into a compact with any State of the Union for
mutual helpfulness in meeting any civil defense emergency or disaster which may
arise in this State or in a state with which South Carolina may enter into a
compact.

1952 (47) 1721.

§ 44-416. Terms of compact.

The compact authorized by the provision of this article shall be in form as here-
inbelow set out with such modifications and restrictions as the Governor may deem
necessary for the proper protection of the best interests of this State.
Interstate Civil Defense Disaster Compact Between The States of — — and

South Carolina
The contracting States solemnly agree :

Article 1. The purpose of this compact is to provide mutual aid between the states
in meeting any emergency or disaster from enemy attack, including sabotage and
subversive acts and direct attacks by bombs, shellfire, and atomic, radiological,
chemical, bacteriological means, and other enemy weapons. The prompt, full and
effective utilization of the resources of the respective states, including such resources
as may be available from the United States Government or any other source, are
essential to the safety, care and welfare of the people of the states in the event of
enemy action, and any other resources, including personnel, equipment or supplies,

189 Code of Laws of South Carolina, 1952 § 44-416

shall be incorporated into a plan or plans of mutual aid to be developed between
the civil defense agencies or similar bodies of the states that are parties to the com-
pact. The Directors of Civil Defense of party states shall constitute a committee to
formulate plans and take all necessary steps for the implementation of this compact.
Article 2. It shall be the duty of each state to formulate civil defense plans and
programs for application within the state. There shall be frequent consultation be-
tween the representatives of the states and with the United States Government
and the free exchange of information and plans, including inventories of any ma-
terials and equipment available for civil defense. In carrying out the civil defense
plans and programs the party states shall so far as possible provide and follow
uniform standards, practices, and rules and regulations including :

( 1 ) Insignia, arm bands and any other distinctive articles to designate and
distinguish the different civil defense services.

(2) Blackouts and practice blackouts, air raid drills, mobilization of civil de-
fense forces and other tests and exercises.

(3) Warnings and signals for drills or attacks and the mechanical devices to
be used in connection therewith.

(4) The effective screening or extinguishing of all lights and lighting devices
and appliances.

( 5 ) Shutting off water mains, gas mains, electric power connections and the
suspension of all other utility services.

(6) All materials or equipment used or to be used for civil defense purposes in
order to assure that such materials and equipment will be easily and freely inter-
changeable when used in or by any other party state.

(7) The conduct of civilians and the movement and cessation of movement of
pedestrians and vehicular traffic, prior during and subsequent to drills or attacks.

(8) The safety of public meetings or gatherings.

(9) Mobile support units.

Article 3. Any party state requested to render mutual aid shall take such action
as is necessary to provide and make available the resources covered by this com-
pact in accordance with its terms. The state rendering aid may withold resources
to the extent necessary to provide reasonable protection for such state. Each party
state shall extend to the civil defense forces of any other party state, while op-
erating within its state limits under the terms and conditions of this compact, the
same powers, except that of arrest unless specifically authorized by the receiving
state, duties, rights, privileges and immunities as if they were performing their
duties in the state in which normally employed or rendering services. Civil defense
forces will continue under the command and control of their regular leaders but
the organizational units will come under the operational control of the civil defense
authorities of the state receiving assistance.

Article 4. Whenever any person holds a license, certificate or other permit issued
by any state evidencing the meeting of qualifications for professional, mechanical
or other skills, such person may render aid involving the skill in any party state
to meet an emergency or disaster and the state shall give due recognition to such
license, certificate or other permit as if issued in the state in which aid is rendered
for the duration of the emergency or disaster only.

§ 44-416 1952 Supplement 190

Article 5. No party state or its officers or employees rendering aid in another
state pursuant to this compact shall be liable on account of any act or omission
in good faith on the part of such forces while so engaged, or on account of the
maintenance or use of any equipment or supplies in that connection.
Article 6. Inasmuch as it is probable that the pattern and detail of the machinery
for mutual aid among two or more states may differ from that appropriate among
other party states, this instrument contains elements of a broad base common to
all states, and nothing herein shall preclude any state from entering into supple-
mentary agreements with another state or states. Such supplementary agreements
may comprehend, but shall not be limited to, provisions for evacuation and reception
of injured and other persons, and the exchange of medical, fire, police, public utility,
reconnaisance, welfare, transportation and communications personnel, equipment
and supplies.

Article 7 . Each party state shall provide for the payment of compensation and
death benefits to injured members of the civil defense forces of that state and the
representatives of deceased members of such forces in case such members sustain
injuries or are killed while rendering aid pursuant to this compact, in the same
manner and on the same terms as if the injury or death were sustained within
such state.

Article 8. Any party state rendering aid in another state pursuant to this com-
pact shall be reinbursed by the party state receiving such aid for any loss or dam-
age to, or expense incurred in the operation of any equipment, answering a request
for aid, and for the cost incurred in connection with such requests. Any aiding
party state may assume in whole or in part such loss, damage, expense, or other
cost, or may loan equipment or donate such services to the receiving party state
without charge or cost, and any two or more party states may enter into supple-
mentary agreements establishing a different allocation of costs as among these
states. The United States Government may relieve the state receiving aid from
any liability and reimburse the state supplying civil defense forces for the com-
pensation paid to and the transportation, subsistence and maintenance expenses
of such forces during the time of the rendition of such aid or assistance outside
the state and may also pay fair and reasonable compensation for the use or utiliza-
tion of the supplies, materials, equipment or facilities so utilized or consumed.
Article 9. Plans for the orderly evacuation and reception of the civilian popula-
tion as the result of an emergency or disaster shall be worked out between repre-
sentatives of the party states and the various local civil defense areas. Such plans
shall include the manner of transporting evacuees, the number of evacuees to be
received in different areas, the manner in which food, clothing, housing, and medi-
cal care will be provided, the registration of the evacuees, the providing of facilities
for the notification of relatives or friends and the forwarding of evacuees to other
areas or the bringing in of additional materials, supplies, and all other relevant
factors. The plans shall provide that the party state receiving evacuees shall be
reimbursed generally for the out-of-pocket expenses incurred in receiving and car-
ing for the evacuees, for expenditures for transportation, food, clothing, medicines
and medical care and like items. The expenditures shall be reimbursed by the party
state of which the evacuees are residents, or by the United States Government
under plans approved by it. After the termination of the emergency or disaster

191 Code of Laws of South Carolina, 1952 § 44-416

the party state of which the evacuees are residents shall assume the responsibility
for the ultimate support or repatriation of such evacuees.

Article 10. The committee established pursuant to Article 1 of this compact may
request the Civil Defense Agency of the United States Government to act as an
informational and coordinating body under this compact, and representatives of the
agency of the United States Government may attend meetings of the committee.

Article 11. This compact shall become operative between the State of

and the State of South Carolina immediately upon its being entered into by the

duly authorized officials of such states, and shall be subject to approval by Congress

unless prior Congressional approval has been given. Duly authenticated copies

of this compact and of such supplementary agreements as may be entered into shall,

at the time of their approval, be deposited with each of the party states and with

the Civil Defense Agency and other appropriate agencies of the United States

Government.

Article 12. This compact shall continue in force and remain binding on each

party state until the legislature or the Governor of the party state takes action to

withdraw therefrom. Such action shall not be effective until thirty days after notice

has been sent by the Governor of the party state desiring to withdraw to the

Governor of the other party state.

Article 13. The term "state" shall include any territory or possession of the United

States, the District of Columbia, and any neighboring foreign country or province

or state thereof.

Article 14. This compact shall be construed to effectuate the purposes stated in

Article 1.

If any provision of this compact is declared unconstitutional, or the applicability
to any person or circumstance is held invalid, the constitutionality of the remainder
of this compact and the applicability to other persons and circumstances shall not
be affected.

For The State Of _

Date , 1952

Attest :

Secretary of State
For The State Of
South Carolina

Date , 1952

Attest :

1952 (47) 1721. Secretary of State

§ 44-660 1952 Supplement 192

CHAPTER 9.
Other Provisions for Benepit of Veterans.

§ 44-660. Certified copies of certain public records furnished without cost.

Officers in charge of public records relating to births, deaths, marriages or di-
vorces shall furnish without cost certified copies of such records upon request
therefor accompanied by reliable information that they are required (a) by the
United States Government in connection with the administration of (i) the Serv-
icemen's Allowance Act oj June 23 1942, (ii) the Selective Service Act of 1948,
(iii) the Dependents Assistance Act of 1950 (PL No. 771, 81st Congress, ap-
proved September 8, 1950) and (iv) all acts of Congress administered by the
Veterans Administration, (b) to perfect a claim for benefits under laws ad-
ministered under the Veterans Administration or (c) by a man entering the military
service of the United States.

1952 (47) 2146.

Title 45.

Mortgages and Other Liens.

CHAPTER 5.
Mechanics Liens.

§ 45-254. Notice of owner when contractor employed.

Cited. Hughes, et al v. Henning, 221 S. Soc. et al, 219 S. C. 62; 64 S. E. (2d) 17,
C. 307; 70 S. E. (2d) 353, (1952). (1951).

Applied. Andrews et al v. Home Reform

§ 45-259. Lien dissolved unless statement be recorded.

This section does not require that it be labor or materials be furnished under a con-
shown that the labor and materials were tract with the same person. Hughes, et al
furnished under one contract. The law does v Henning, 221 S. C. 307; 70 S. E. (2d)
not make it a condition precedent that the 353, (1952).

§ 45-273. Jury to try facts.

Must grant jury trial if demanded by Court cannot change or modify jury ver-

either or both parties. Stone and Clamp v. diet; however the verdict can be avoided by

Holmes, et al, 217 S. C. 203; 60 S. E. (2d) setting it aside and granting new trial. Id.
231, (1950).

§ 45-274. Claims not payable allowed with rebate of interest.

Under this section the court shall ascer- (1950).

tain the correct amount due on the claim There is no conflict between this section

of creditors, Stone and Clamp v. Holmes, and § 45-273. [d.
et al, 217 S. C. 203; 60 S. E. (2d) 251.

CHAPTER 7.
Factor Liens on Merchandise.
§ 45-401. Definitions.

Applied. Meinhard Greeff & Co. v. Edens, 189 F. 2d 792 (1951).

Title 46.
Motor Vehicles.

Chapter 3. The Uniform Act Regulating Traffic on the Highways, § 46-482.1.
4. Operation of Motor Vehicles on Beaches, § 46-752.
7. Motor Vehicle Safety Responsibility Act, § 46-901.

193 Code of Laws of South Carolina, 1952 § 46-435

CHAPTER 1.
Motor Vehicle Registration and Licensing Act.

Article 2.
Registration and Licensing Generally.

§ 46-21. Fraudulent applications and misrepresentation of facts.

Cited. Durant v. Stuckey, 221 S. C. 342; 70 S. E. (2d) 473, (1952).

CHAPTER 3.

The Uniform Act Regulating Traffic on the Highways.

Article 13.
Stopping, Standing and Parking, § 46-482.1.

Article 5.

Reckless Homicide, Reckless Driving, Driving While Drunk.

§ 46-341. Reckless homicide; penalties.

This section did not repeal the common an automobile. State v. Barnett, 218 S. C.
law offense of involuntary manslaughter 415; 62 S. E. (2d) 57. (1951).
where death resulted from the operation of Degree of negligence required. Id.

§ 46-345. Punishment.

The wording of this section is identical eral Sessions Court. The State v. Mitchell,
with similar portion of Act 163 of 1947; 220 S. C. 433; 68 S. E. (2d) 350. (1951).
therefore, the legislature did not content- This section does not require that a de-
plate that only offenses committed after fendant shall he convicted and sentenced
June 7, 1949, the effective date of the 1949 as a second offender before he can be sen-
act, should constitute offenses for the pur- fenced as a third offender. It merely re-
pose of any prosecution for any subsequent quires thai there should be two previous
offense. The State v. Patterson, 220 S. C. convictions. The State v. McAbee, 220 S.
269: 66 S. E. (2d) 875, (1951). C. 272: 67 S. E. (2d) 417. (1951).

The allegation of the indictment that the Applied. The State v. Ramey, 221 S. C.

crime charged was a second offense is nee- 10; 69 S. E. (2d) 634, (1952).
essary to show the jurisdiction of the Gen-

Article 6.
Speed Restrictions.
§ 46-361. General rule.

Stated. Dawson. Admr. v. S. C. Power Inc., 218 S. C. 554; 63 S. E. (2d) 465,
Co.. 220 S. C. 26; 66 S. E. (2d) 322. (1951). (1951).
Cited. Chapman v. Associated Transport,

§ 46-362. Prima facie speed limits.

Cited. Chapman v. Associated Transport, (1951).
Inc. 218 S. C. 554; 63 S. E. (2d) 465,

Article 7.
Driving on Riglit, Passing, etc.

§ 46-386. Limitations on overtaking on the left.

Cited. Virginia Hotel Co. v. Dusenberry, 218 S. C. 524; 63 S. E. (2d) 4S3. (1951).

§ 46-393. Following too closely.

Chapman v. Associated Transport, Inc., 218 S. C. 554; 63 S. E. (2d) 465. (1951).

Article 10.

Pedestrians' Rights and Duties.

§ 46-435. Crossing at other than crosswalks.

Stated. Dawson, Admr. v. S. C. Power Co., 220 S. C. 26; 66 S. E. (2d) 322. (1951).

§ 46-442 1952 Supplement 194

§ 46-442. Drivers to exercise due care.

Stated. Dawson, Admr. v. S. C. Power Co., 220 S. C. 26; 66 S. E. (2d) 322, (1951).

Article 13.
Stopping, Standing and Parking.

§ 46-482.1. When vehicle or other personalty left on highway considered
abandoned.

Any vehicle or other personal property which is left on any right of way of any
road or highway in this State for a period of over forty-eight hours is abandoned
property.

1952 (47) 1697.

§ 46-482.2. Removal of such property.

Every police officer having knowledge of such abandoned property shall seize
the same and have it removed for safekeeping to such place as may be designated
by the sheriff of the county in which it was found, who shall thereupon be charged
with its custody and disposition as hereinafter provided.

1952 (47) 1697.

§ 46-482.3. Sheriff advertise possession and proposed sale.

The sheriff having custody of such abandoned property shall forthwith :

( 1 ) Post in three public places within the county a notice, setting forth the fact
of his possession, a full description of such property, the place at which it was
found, the place at which it is being held, the amount of any charges connected
with his possession of it, and that unless said property shall be reclaimed within
thirty days after the posting of such notice it will be advertised for 1 sale and sold
as hereinafter provided.

(2) Mail such notice by registered mail to the owner of such abandoned property
and to the holders of any liens upon said property, if the names and addresses of
such owner and lien holders can be ascertained by reasonable inquiry.

1952 (47) 1697.
§ 46-482.4. Advertisement of sale.

If thirty days shall elapse after notice, by mail or posting, as required in § 46-
482.3, is given and the property has not been reclaimed, the sheriff shall advertise
such property for sale, for cash at public auction, giving such information as is
required above for a posted notice along with the time, date and place of proposed
sale. Such advertisement shall be published at least once a week for three succeeding
weeks prior to the proposed sale in a newspaper published in the county where
such property was abandoned.

1952 (47) 1697.

§ 46-482.5. Owner or lien holder may reclaim.

Any owner or lien holder having an interest in such property may reclaim the
same at any time before such public sale by presenting evidence of right to posses-
sion satisfactory to the sheriff in possession, and tendering payment of all charges
and fees incurred by the sheriff or his county in possession of such property.

1952 (47) 1697.

§ 46-482.6. Sale; disposition of receipts.

If abandoned property is not reclaimed prior to the time of any advertised sale of
it, the sheriff shall sell it and pay from the proceeds all costs and charges incurred

195 Code of Laws of South Carouna, 1952 § 46-801

in handling, in advertising the sale of, and in selling such property, and any balance
remaining shall be paid to the county treasurer of his county for credit to the
general fund of the county.
1952 (47) 1697.

§ 46-482.7. Liens on abandoned property for services.

Any person authorized by a sheriff to tow, haul or store any abandoned property
shall have a lien against such property for the reasonable value of such services
which shall be prior to all other liens.

1952 (47) 1697.

§ 46-482.8. Claims for surplus sale receipts.

For a period of not in excess of two years after the payment of any sum into
the general fund of the county on account of the sale of any such abandoned prop-
erty, the county governing board shall hear and determine claims of any persons
claiming to be damaged by the sale of any such abandoned property and to make
awards to owners or lien holders as their interests may appear, but in no event
shall such award be in excess of the amount received by the county on account of
the sale of the property which is the subject of any such claim. The decision of
the county governing body in connection with any such claim shall be final.

1952 (47) 1697.

CHAPTER 4.
Operation of Motor Vehicles on Beaches.

§ 46-752. Operation of motor vehicles on Magnolia Beach in Georgetown
County.

It is unlawful for any person to operate a motor vehicle at any time on that por-
tion of Magnolia Beach in Georgetown County between the inlet separating Mag-
nolia Beach from Pawley's Island, and Murrell's Inlet on the north. Any violation
of this section shall be deemed a misdemeanor and shall be punished by a fine of
not more than one hundred dollars or by imprisonment of not more than thirty days.

1952 (47) 1902.

CHAPTER 5.
Miscellaneous Provisions.
§ 46-801. Liability for injury to guests in car.

This section does not relieve a master or on Government vehicle, necessary to prove

principal from the ordinary burden of lia- that accident was intentional on part of

bility under the rule of respondeat superior. Government driver or caused by heedless

Oswald v. YVeiner, et al, 218 S. C. 206; 62 or reckless disregard for the rights of oth-

S. E. (2d) 311, (1950). ers. Alexander v. United States, 98 F.

In suit under Federal Tort Claims Act Supp. 453 (1951).
where plaintiff's intestate was a trespasser

CHAPTER 7.

Motor Vehicle Safety Responsibility Act.

Article 1. Article 4.

General Provisions, § 46-901. Proof of Financial Responsibility for the
Article 2. Future, § 46-951.

Administration, § 46-921. Article 5.

Article 3. Violations; Penalties, § 46-1001.

Security Following Accident, § 46-931.

§ 46-901 1952 Supplement 196

Article 1.
General Provisions.
§ 46-901. Short title.

This chapter may be cited as the Motor Vehicle Safety Responsibility Act.
1952 (47) 1853.

§ 46-902. Definitions.

The following words and phrases when used in this chapter shall, for the pur-
poses of this chapter, have the meanings respectively ascribed to them in this sec-
tion, except in those instances where the context clearly indicates a different
meaning :

(1) Department. The South Carolina State Highway Department, acting di-
rectly or through its duly authorized officers and agents.

(2) Judgment. Any judgment which shall have become final by expiration
without appeal of the time within which an appeal might have been perfected, or
by final affirmation on appeal, rendered by a court of competent jurisdiction of any
state of the United States, upon a cause of action arising out of the ownership,
maintenance, or use of any motor vehicle, for damages, including damages for care
and loss of service, because of bodily injury to or death of any person, or for
damages because of injury to or destruction of property, including the loss of use
thereof, or upon a cause of action on an agreement of settlement for such damages.

(3) License . Any license, temporary instruction permit, or temporary license
issued under the laws of this State pertaining to the licensing of persons to operate
vehicles.

(4) Motor vehicle. Every self-propelled vehicle which is designed for use upon
a highway, including trailers and semi-trailers designed for use with such vehicles
(except traction engines, road rollers, farm tractors, tractor cranes, power shovels,
and well drillers) and every vehicle which is propelled by electric power obtained
from overhead wires but not operated upon rails.

(5) Nonresident. Every person who is not a resident of this State.

(6) Nonresident operating privilege. The privilege conferred upon a nonresi-
dent by the laws of this State pertaining to the operation by him of a motor vehicle,
or the use of a motor vehicle owned by him. in this State.

(7) Operator. Every person who is in actual physical control of a motor vehicle
whether or not licensed as an operator or chauffeur under the laws of this State.

(8) Oivner. A person who holds the legal title of a motor vehicle, or in the
event a motor vehicle is the subject of an agreement for the conditional sale or
lease thereof with the right of purchase upon performance of the conditions stated
in the agreement and with an immediate right of possession vested in the conditional
vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession,
then the conditional vendee or lessee or mortgagor shall be considered the owner
for the purposes of this chapter.

(9) Prooj of financial responsibility. Proof of ability to respond in damages
for liability, on account of accidents occurring after the effective date of said proof,
arising out of the ownership, maintenance, or use of a motor vehicle, in the amount
of five thousand dollars because of bodily injury to or death of one person in any
one accident, and, subject to said limit for one person, in the amount of ten thou-

197 Code of Laws of South Carolina, 1952 § 46-907

sand dollars because of bodily injury to or death of two or more persons in any
one accident, and in the amount of one thousand dollars because of injury to or
destruction of property of others in any one accident.

(10) Registration. Registration certificates, and registration or license plates
issued under the laws of this State pertaining to the license and registration of
motor vehicles.

(11) State. Any state, territory, or possession of the United States, the District
of Columbia, or any province of the Dominion of Canada.

(12) Motor vehicle liability policy. An owner's or an operator's policy of
liability insurance, certified as provided in § 46-964 or §§ 46-966 and 46-967 as proof
of financial responsibility, and issued, except as otherwise provided in §§ 46-966
and 46-967, by an insurance carrier duly authorized to transact business in this
State, to or for the benefit of the person named therein as insured.

1952 (47) 1853.

§ 46-903. Sale of motor vehicle when registration suspended.

This chapter shall not prevent the owner of a motor vehicle, the registration of
which has been suspended hereunder, from effecting a bona fide sale of the motor
vehicle to another person whose rights or privileges are not suspended under this
chapter nor prevent the registration of the motor vehicle by the transferee.

1952 (47) 1853.

§ 46-904. Effect on conditional vendor, mortgagee or lessor of motor vehicle.

This chapter shall not affect the rights of any conditional vendor, chattel mort-
gagee, or lessor of a motor vehicle registered in the name of another as owner who
becomes subject to the provisions of this chapter.

1952 (47) 1853.

§ 46-905. Chapter not to prevent other process.

Nothing in this chapter shall be construed as preventing the plaintiff in any action
at law from relying for relief upon the other processes provided by law.
1952 (47) 1853.

§ 46-906. Self-insurer.

Any person in whose name more than twenty-five motor vehicles are registered
may qualify as a self-insurer by obtaining a certificate of self-insurance issued by
the Department as provided in next paragraph.

The Department may, in its discretion, upon the application of such person, issue
a certificate of self-insurance when it is satisfied that the person is possessed and
will continue to be possessed of ability to pay judgments obtained against him.

Upon not less than five days notice and a hearing pursuant to the notice, the
Department may upon reasonable grounds cancel a certificate of self-insurance.
Failure to pay any judgment within thirty days after the judgment shall have
become final shall constitute a reasonable ground for the cancellation of a certificate
of self-insurance.

1952 (47) 1853.

§ 46-907. Exceptions.

This chapter shall not apply with respect to any motor vehicle owned by the
United States, this State or any political subdivision of this State or any municipality
therein; nor, except for §§ 46-931, 46-925 and 46-98S, shall it apply, with respect

§ 46-907 1952 Supplement 198

to any motor vehicle which is subject to other laws of this State which require
their owners to carry insurance or to place security, in a manner which would
make those owners carry insurance or place security in addition to the amounts
required by this chapter.

1952 (47) 1853.
§ 46-90S. Chapter supplemental to motor vehicle laws.

This chapter shall in no respect be considered as a repeal of the present motor
vehicle laws of this State but shall be construed as supplemental and cumulative
thereto.

1952 (47) 1853.

Article 2.

Administration.

§ 46-921. State Highway Department to administer; rules and regulations;
hearings.

The Department shall administer and enforce the provisions of this chapter and
may make rules and regulations necessary- for its administration and shall provide
for hearings upon request of persons aggrieved by orders or acts of the Department
under the provisions of this chapter.

1952 (47) 1853.

§ 46-922. Appeal from act of Department.

Any person aggrieved by an order or act of the Department under the provisions
of this chapter, may within ten days after notice thereof, file a petition in the circuit
court of the county of his residence for a trial de novo to determine whether the
order or act is lawful and reasonable. The filing of the petition shall not suspend
the order or act of the Department unless a stay thereof shall be allowed by the
judge of the court pending final determination of the matter. The court shall
summarily hear the petition and may make any appropriate order or decree.

1952 (47) 1853.

§ 46-923. Department to furnish operating record; not use as evidence.

The Department shall upon request furnish any person a certified abstract of the
operating record of any person subject to the provisions of this chapter, which
abstract shall also fully designate the motor vehicles, if any, registered in the name
of that person, and, if there shall be no record of any conviction of that person for
violating any laws relating to the operation of a motor vehicle or of any injury or
damage caused by that person, the Department shall so certify. These abstracts shall
not be admissible as evidence in any action for damages or criminal proceedings
arising out of a motor vehicle accident.

1952 (47) 1853.

§ 46-924. Surrender of license and registration.

Any person whose license and registration has been suspended as herein provided,
or whose policy of insurance or bond, when required under this chapter, has been
canceled or terminated, or who has neglected to furnish other proof upon request
of the Department, shall immediately return his license and registration to the
Department. If any person shall fail to return to the Department the license or
registration as provided herein, the Department is hereby authorized and empowered
to secure possession thereof by a commissioned highway patrolman.

1952 (47) 1853.

199 Code of Laws of South Carolina, 1952 § 46-932

§ 46-925. Operation of motor vehicles in employ of others.

Whenever any person whose license would otherwise have been suspended for
failure to deposit security required pursuant to article 3 of this chapter is, or later
becomes, an operator in the employ of another owner, the Department may in its
discretion, notwithstanding any provisions in this chapter to the contrary, allow
such person to retain his license to operate a vehicle of another owner, in the
pursuit of such employment, if the employer owner of the vehicle shall have fur-
nished proof of financial responsibility covering the operation of any vehicle which
said person may be permitted to operate. The Department shall designate the
restrictions imposed pursuant to this section on that person's license.

1952 (47) 1853.

§ 46-926. Operation of employer's vehicle by employee, whose license is sub-
ject to suspension.

Whenever any person whose license would otherwise have been suspended for
failure to satisfy a judgment as provided in § 46-953 is, or later becomes, an
operator in the employ of another owner, the Department may in its discretion,
notwithstanding any provisions in this chapter to the contrary, allow such person
to retain his license to operate a vehicle of another owner, in the pursuit of such
employment, if the employer owner of the vehicle shall have furnished proof of
financial responsibility covering the operation of any vehicle which said person may
be permitted to operate. The Department shall designate the restrictions imposed
pursuant to this section on that person's license.

1952 (47) 1853.

Article 3.

Security Following Accident.

§ 46-931. Must report accidents.

The driver of a vehicle involved in an accident resulting in injury to or death
of any person or total property damage to an apparent extent of twenty-five dollars
or more shall, within five days after such accident, forward a written report of such
accident to the Department, as required by law. The reports shall contain informa-
tion to enable the Department to determine whether the requirements for the deposit
of security under § 46-932 are inapplicable by reason of the existence of insurance
or other exceptions specified in this chapter.

1952 (47) 1853.

§ 46-932. Suspend license, registration or operating privilege following ac-
cident unless security for damages provided.

The Department upon receipt of a report of a motor vehicle accident within this
State which has resulted in bodily injury or death, or damage to the property of
any one person in excess of fifty dollars, shall, within sixty days thereafter, suspend
the license of each operator or driver and all registrations of each owner of a motor
vehicle in any manner involved in such accident and if such operator or driver is
a nonresident, the privilege of operating a motor vehicle within this State and the
privilege of the use within this State of any motor vehicle owned by him, unless
such operator or driver or owner or both shall deposit security in a sum which
shall be sufficient in the judgment of the Department to satisfy any judgments for
damages resulting from the accident which may be recovered against the operator

§ 46-932 1952 Supplement 200

or owner. Notice of the suspension shall he sent by the Department to the operator
and owner at least ten days before the effective date of the suspension and shall
state the amount required as security.
1952 (47) 1853.

§ 46-933. Exceptions to requirement of security and suspension.

(b) Section 46-932 shall not apply to any of the following:

( 1 ) To the operator or owner if the owner had in effect at the time of the acci-
dent an automobile liability policy with respect to the motor vehicle involved in
the accident ,

(2) To the operator, if not the owner of the motor vehicle, if there was in effect
at the time of the accident an automobile liability policy or bond with respect to
his operation of motor vehicles not owned by him,

(3) To the operator or owner if the liability of the operator or owner for dam-
ages resulting from the accident is, in the judgment of the Department, covered by
any other form of liability insurance policy or bond.

(4) To any person qualifying as a self-insurer under § 46-906,

(5) To the operator or owner of a motor vehicle involved in an accident wherein
no injury or damage was caused to the person or property of any one other than
the said owner or operator,

(6) To the owner of a motor vehicle if at the time of the accident the vehicle
was being operated without his permission, express or implied, or was parked by
a person who had been operating the motor vehicle without his permission, express
or implied, or

(7) If, before the date that the Department would otherwise suspend license and
registration or nonresident's operating privilege under § 46-932, there shall be
filed with the Department evidence satisfactory to it that the person who would
otherwise have to file security has been released from liability or had been finally
adjudicated not to be liable or has executed a warrant for confession of judgment,
payable when, and in such installments as the parties have agreed to, or has
executed a duly acknowledged written agreement providing for the payment of an
agreed amount in installments, with respect to all claims for injuries or damages
resulting from the accident.

1952 (47) 1853.

§ 46-934. Duration of suspension, default in payment of installment.

The license and registration and nonresident's operating privilege suspended as
provided for in § 46-932 shall, except as otherwise provided for in § 46-925, remain
suspended and shall not be renewed nor shall any license or registration he issued
to him until :

( 1 ) He shall deposit or there shall be deposited on his behalf the security required
under § 46-932,

(2) One year shall have elapsed following the date of the accident and evidence
satisfactory to the Department has been filed with it that during that period no
action for damages arising out of the accident has been instituted or

(3) Evidence satisfactory to the Department has been filed with it of a release
from liability, or a final adjudication of nonliability, or a warrant for confession
of judgment, or a duly acknowledged written agreement, in accordance with sub-
division 7 of § 46-933.

201 Code of Laws op South Carolina, 1952 § 46-937

In the event there shall be any default in the payment of any installment under
any confession of judgment, then, upon notice of default, the Department shall
suspend the license and registration or nonresident's operating privilege of the
person defaulting which shall not be restored until the entire amount provided for
in the confession of judgment has been paid.

In the event there shall be any default in the payment of any installment under
any duly acknowledged written agreement, then, upon notice of default, the De-
partment shall suspend the license and registration or nonresident's operating priv-
ilege of the person defaulting which shall not be restored unless and until (a) he
deposits and thereafter maintains security as required under § 46-932 in the amount
the Department may determine, or (b) one year shall have elapsed following the
date when the security was required and during that period no action upon the
agreement has been instituted in a court in this State.

1952 (47) 1853.

§ 46-935. Form and amount of security.

The security required under this article shall be in the form and in the amount
that the Department may require but in no case in excess of the limits specified in
§ 46-938 in reference to the acceptable limits of a policy or bond. The person
depositing security shall specify in writing the person on whose behalf the deposit
is made and, at any time while the deposit is in the custody of the Department or
State Treasurer, the person depositing it may, in writing, amend the specifications
of the persons on whose behalf the deposit is made to include additional persons ;
but a single deposit of security shall be applicable only on behalf of persons re-
quired to furnish security because of the same accident.

1952 (47) 1853.

§ 46-936. Department may reduce excessive security.

The Department may at any time reduce the amount of security ordered in any
case if, in its judgment, the amount ordered is excessive. In case the security
originally ordered has been deposited the excess deposited over the reduced amount
ordered shall be returned to the depositor or his personal representative, notwith-
standing the provisions of § 46-937.

1952 (47) 1853.

§ 46-937. Custody, disposition, and return of security.

Security deposited in compliance with the requirements of this article shall be
placed by the Department in the custody of the State Treasurer and shall be ap-
plicable only to the payment of judgments rendered against the persons on whose
behalf the deposit was made, for damages arising out of the accident in question
in an action at law, begun not later than one year after the date of the accident,
or within one year after the date of deposit of any security under subdivision 3 of
§ 46-934, and this deposit or any balance thereof shall be returned to the depositor
or his personal representative when evidence satisfactory to the Department has
been filed with it that there has been a release from liability, or a final adjudication
of nonliability, or a warrant for confession of judgment, or a duly acknowledged
agreement, in accordance with subdivision 7 of § 46-933, or whenever, after the
expiration of one year from the date of the accident, or within one year after the
date of deposit of any security under subdivision 3 of § 46-934, the Department

§ 46-937 1952 Supplement 202

shall be given reasonable evidence that there is no action pending and no judgment
rendered in the action left unpaid.

19S2 (47) 1853.

§ 46-938. Insurance policies and bonds acceptable as security.

No policy or bond shall be effective under § 46-932 unless issued by an insurance
company or surety company authorized to do business in this State, except that
if the motor vehicle was not registered in this State, or was a motor vehicle which
was registered elsewhere than in this State at the effective date of the policy or
bond, or the most recent renewal thereof, the policy or bond shall not be effective
under § 46-932 unless the insurance company or surety company if not authorized
to do business in this State shall exercise a power of attorney authorizing the de-
partment to accept service on its behalf of notice or process in any action upon the
policy or bond arising out of the accident ; provided, hozvcver, every policy or bond
must be subject, if the accident has resulted in bodily injury or death, to a limit,
exclusive of interest and costs, or not less than five thousand dollars because of
bodily injur}' to or death of one person in any one accident and, subject to this
limit for one person, to a limit of not less than ten thousand dollars because of
bodily injury to or death of two or more persons in any one accident, and, if the
accident has resulted in injury to or destruction of property, to a limit of not less
than one thousand dollars because of injury to or destruction of property of others
in any one accident.

1952 (47) 1853.

§ 46-939. Application to unlicensed drivers and unregistered motor vehicles.

In case the operator or the owner of a motor vehicle involved in an accident
within this State has no license or registration, he shall not be allowed a license
or registration until he has complied with the requirements of this article to the
same extent that would be necessary if, at the time of the accident, he had held a
license and registration.

1952 (47) 1853.

§ 46-940. Notice give on suspension of nonresident's operating privilege.

When a nonresident's operating privilege is suspended pursuant to § 46-932 or

§ 46-934, the Department shall transmit a certified copy of the record of such

action to the official in charge of the issuance of licenses and registration certificates

in the State in which such nonresident resides.

1952 (47) 1853.

Article 4.

Proof of Financial Responsibility for the Future.

§ 46-951. Courts to report nonpayment of judgments and convictions.

Whenever any person fails within sixty day to satisfy any judgment, the clerk
of court, or the judge of a court which has no clerk, in which any judgment is
rendered within this State shall forward to the Department immediately after the
expiration of sixty days, a certified copy of the judgment.

If the defendant named in any certified copy of a judgment reported to the
Department is a nonresident, the Department shall transmit a certified copy of the
judgment to the official in charge of the issuance of licenses and registration cer-
tificates of the State of which the defendant is a resident.

1952 (47) 1853.

203 Code of Laws of South Carolina, 1952 § 46-956

§ 46-952. Suspension for nonpayment of judgment.

The Department upon receipt of a certified copy of judgment, shall suspend
the license and registration and any nonresident's operating privilege of any person
against whom the judgment was rendered, except as otherwise provided in §§ 46-
926, 46-955 and 46-956 and in § 46-958.

1952 (47) 1853.

§ 46-953. Time suspension to continue.

The license, registration, and nonresident's operating privilege shall, except as
otherwise provided in § 46-926, remain suspended and shall not be renewed, nor
shall any license or registration be thereafter issued in the name of that person,
including that person if not previously licensed, until every judgment is satisfied
in full or to the extent hereinafter provided, and until the person gives proof of
financial responsibility subject to the exemptions stated in §§ 46-926, 46-955, 46-
956 and 46-958.

1952 (47) 1853.

§ 46-954. Effect of discharge in bankruptcy on judgment debtor.

A discharge in bankruptcy following the rendering of any judgment shall not
relieve the judgment debtor from any of the requirements of this article.
1952 (47) 1853.

§ 46-955. May license judgment debtor on consent of judgment creditor.

If the judgment creditor consents in writing, in the form which the Department
may prescribe, that the judgment debtor be allowed license and registration or non-
resident's operating privilege, this may be allowed by the Department for six months
£rom the date of the consent and thereafter until the consent is revoked in writing,
notwithstanding default in the payment of the judgment, or any installment thereof
prescribed in § 46-958, provided the judgment debtor furnishes proof of financial
responsibility.

1952 (47) 1853.

§ 46-956. Adequate insurance relief from suspension.

Any person whose license, registration, or nonresident's operating privilege has
been suspended or is about to be suspended or shall become subject to suspension
under the provisions of this article may be relieved from the effect of the judgment
as prescribed in this article by filing with the Department an affidavit stating that
at the time of the accident upon which the judgment "lias been rendered the affiant
was insured, that the insurer is liable to pay the judgment, and the reason if known,
why the insurance company has not paid the judgment. He shall also file the original
policy of insurance or a certified copy thereof, if available, and other documents
which the Department may require to show that the loss, injury, or damage for
which the judgment was rendered, was covered by the policy of insurance. If the
Department is satisfied from these papers that the insurer was authorized to issue
the policy of insurance at the time and place of issuing the policy and that the in-
surer is liable to pay the judgment, at least to the extent and for the amounts re-
quired in this chapter, the Department shall not suspend the license or registration
or nonresident's operating privilege, or if already suspended shall reinstate them.

1952 (47) 1853.

§ 46-957 1952 Supplement 204

§ 46-957. Payment sufficient to satisfy judgment.

Judgments herein referred to shall for the purpose of this chapter only be con-
sidered satisfied :

(1) When five thousand dollars has been credited upon any judgment rendered
in excess of that amount because of bodily injury to or death of one person as
the result of any one accident ; or

(2) When, subject to the limit of five thousand dollars because of bodily injury
to or death of one person, the sum of ten thousand dollars has been credited upon
any judgments rendered in excess of that amount because of bodily injury to or
death of two or more persons as the result of any one accident ; or

(3) When one thousand dollars has been credited upon any judgments rendered
in excess of that amount because of injury to or destruction of property of others
as a result of any one accident.

Payments made in settlement of any claims because of bodily injury, death, or
property damage arising from a motor vehicle accident shall be credited in reduc-
tion of the amounts provided for in this section.

1952 (47) 1853.

§ 46-958. Installment payment of judgments ; default.

A judgment debtor upon due notice of the judgment creditor may apply to the
court in which the judgment was rendered for the privilege of paying the judg-
ment in installments and the court, in its discretion and without prejudice to any
other legal remedies which the judgment creditor may have, may order and fix
the amounts and times of payment of the installments.

The Department shall not suspend a license, registration, or nonresident's ope-
rating privilege, and shall restore any license, registration, or nonresident's operat-
ing privilege suspended following nonpayment of a judgment, when the judgment
debtor gives proof of financial responsibility and obtains an order permitting the
payment of the judgment in installments, and while the payment of any said in-
stallment is not in default.

In the event the judgment debtor fails to pay any installment as specified by the
order, then upon notice of the default, the Department shall suspend the license,
registration, or nonresident's operating privilege of the judgment debtor until the
judgment is satisfied, as provided in this chapter.

1952 (47) 1853.

§ 46-959. Proof required for registration when license revoked.

Whenever the Department, under any law of this State, suspends or revokes
the license of any person upon receiving record of conviction or a forfeiture of
bail, the Department shall also suspend the registration for all motor vehicles regis-
tered in the name of that person, execpt that it shall not suspend the registration,
unless otherwise required by law, if that person has previously given or shall im-
mediately give and thereafter maintain proof of financial responsibility with respect
to all motor vehicles registered by him.

1952 (47) 1S53.

§ 46-960. Proof required to renew suspended license or registration.

The license and registration shall remain suspended or revoked and shall not
at anv time thereafter be renewed nor shall anv license be thereafter issued to

205 Code of Laws of South Carolina, 1952 § 46-965

that person, nor shall any motor vehicle be thereafter registered in the name of
that person until permitted under the motor vehicle laws of this State and not
then until he shall give and thereafter maintain proof of financial responsibility.
1952 (47) 1853.

§ 46-961. Proof required for license or registration after certain convictions
or forfeitures of bail.

If a person is not licensed, but by final order or judgment is convicted of, or
forfeits any bail or collateral deposited to secure an appearance for trial for any
offense requiring the suspension or revocation of license, or for operating a motor
vehicle upon the highways without being licensed to do so, or for operating an
unregistered motor vehicle upon the highways, no license shall be thereafter issued
to that person and no motor vehicle shall continue to be registered or thereafter
be registered in his name until he shall give and thereafter maintain proof of financial
responsibility.

1952 (47) 1853.

§ 46-962. Proof required of nonresident when operating privilege suspended.

Whenever the Department suspends or revokes a nonresident's operating privi-
lege by reason of a conviction or forfeiture of bail, this privilege shall remain sus-
pended or revoked unless that person shall have previously given or shall im-
mediately give and thereafter maintain proof of financial responsibility.

1952 (47) 1853.

§ 46-963. Alternate methods of giving proof.

Proof of financial responsibility when required under this chapter may be given
by filing:

(1) A certificate of insurance as provided in § 46-964 or, §§ 46-966 and 46-967,

(2) A bond as provided in §§ 46-981 to 46-984, or

(3) A certificate of deposit of money or securities as provided in §§ 46-985
and 46-986.

1952 (47) 1853.

§ 46-964. Certificate of insurance as proof; registration of motor vehicle in
name of person required to file proof.

Proof of financial responsibility may be furnished by filing with the Department
the written certificate of any insurance carrier duly authorized to do business in
this State certifying that there is in effect a motor vehicle liability policy for the
benefit of the person required to furnish proof of financial responsibility. The cer-
tificate shall give the date of the motor vehicle liability policy, which date shall
be the same as the effective date of the certificate, and shall designate by explicit
description or by appropriate reference all motor vehicles covered thereby, unless
the policy is issued to a person who is not the owner of a motor vehicle.

No motor vehicle shall be or continue to be registered in the name of any person
required to file proof of financial responsibility unless the motor vehicle is so desig-
nated in the certificate.

1952 (47) 1853.

§ 46-965. Assigned risk plans of insurance; appeals.

After consultation with insurance companies authorized to issue automobile lia-
bility policies in this State, the insurance commissioner shall approve a reasonable

§ 46-965 1952 Supplement 206

plan or plans for the equitable apportionment among such companies of applicants
for such policies and for motor vehicle liability policies who are in good faith
entitled to but are unable to procure such policies through ordinary methods. When
any such plan has been approved, all such insurance companies shall subscribe
thereto and participate therein. Any applicant for any such policy, any person in-
sured under any such plan, and any insurance company affected, may appeal to
the insurance commissioner from any ruling or decision of the manager or com-
mittee designated to operate such plan. Any person aggrieved hereunder by any
order or act of the insurance commissioner may, within ten days after notice
thereof, file a petition in the court of common pleas of the county of Richland for
a review thereof. The court shall summarily hear the petition and may make any
appropriate order or decree.
1952 (47) 1853.

§ 46-966. Certificate furnished by nonresident as proof.

The nonresident owner of a motor vehicle not registered in this State may give
proof of financial responsibility by filing with the Department written certificates
of an insurance carrier authorized to transact business in the State in which the
motor vehicle or motor vehicles described in the certificate are registered, or if the
nonresident does not own a motor vehicle, then in the State in which the insured
resides, if the certificate otherwise conforms with the provisions of this chapter, and
the Department shall accept it upon condition that the insurance carrier complies
with the following provisions with respect to the policies certified :

( 1 ) The insurance carrier shall execute a power of attorney authorizing the
Department to accept service on its behalf of notice or process in any action arising
out of a motor vehicle accident in this State;

(2) The insurance c'arrier shall agree in writing that the policies shall be con-
strued to conform with the laws of this State relating to the terms of motor vehicle
liability policies issued herein.

1952 (47) 1853.

§ 46-967. Default by unauthorized insurance carrier.

If any insurance carrier not authorized to transact business in this State, which
has qualified to furnish proof of financial responsibility, defaults in any of these
undertakings or agreements, the Department shall not thereafter accept as proof
any certificate of that carrier whether formerly filed or thereafter tendered as
proof, so long as the default continues.

1952 (47) 1853.

§ 46-968. Required provisions of owner's policy of liability insurance.

An owner's policy of liability insurance shall :

( 1 ) Designate by explicit description or by appropriate reference all motor
vehicles with respect to which coverage is thereby to be granted ; and

(2) Insure the person named therein and any other person, as insured, using
any of those motor vehicles with the express or implied permission of the named
insured, against loss from the liability imposed by law for damages arising out of
the ownership, maintenance or use of such motor vehicles within the United States
of America or the Dominion of Canada, subject to limits exclusive of interest and
costs, with respect to each motor vehicle, as follows : five thousand dollars because

207 Code of Laws of South Carolina, 1952 § 46-972

of bodily injury to or death of one person in any one accident, and, subject to such
limit for one person, ten thousand dollars because of bodily injury to or death
of two or more persons in any one accident, and one thousand dollars because of
injury to or destruction of property of others in any one accident.
1952 (47) 1853.

§ 46-969. Coverage of operator's policy of liability insurance.

An operator's policy of liability insurance shall insure the person named as
insured therein against loss from the liability imposed upon him by law for dam-
ages arising out of the use by him of any motor vehicle owned by him, within
the same territorial limits, and subject to the same limits of liability, set forth in
§ 46-968 with respect to an owner's policy of liability insurance.

1952 (47) 1S53.

§ 46-970. Required provisions of motor vehicle liability policy.

The motor vehicle liability policy shall state the name and address of the named
insured, the coverage afforded by the policy, the premium charged therefor, the
policy period, and the limits of liability, and shall contain an agreement or be
endorsed that insurance is provided thereunder in accordance with the coverage
defined in this chapter as respects bodily injury and death or property damage, of
both, and is subject to all of the provisions of this chapter.

1952 (47) 1853.

§ 46-971. Liability such policies need not cover.

The motor vehicle liability policy need not insure any liability under the work-
men's compensation law nor any liability on account of bodily injury to or death
of an employee of the insured while engaged in the employment, other than
domestic, of the insured, or while engaged in the operation, maintenance, or repair
of the motor vehicle nor any liability for damage to property owned by, rented
to, in charge of, or transported by the insured.

1952 (47) 1853.

§ 46-972. Provisions incorporated into such policies.

Every motor vehicle liability policy shall be subject to the following provisions
which need not be contained therein :

(1) The liability of the insurance carrier with respect to the insurance re-
quired by this chapter shall become absolute whenever injury or damage covered
by the motor vehicle liability policy occurs.

(2) The policy may not be cancelled or annulled as to the liability by any agree-
ment between the insurance carrier and the insured after the occurrence of the
injury or damage.

(3) No statement made by the insured or on his behalf and no violation of the
policy shall defeat or void the policy.

(4) The satisfaction by the insured of a judgment for the injury or damage
shall not be a condition precedent to the right or duty of the insurance carrier to
make payment on account of the injury or damage.

(5) The insurance carrier may settle any claim covered by the policy, and if the
settlement is made in good faith, the amount thereof shall be deductible from the
limits of liability specified in subdivision 2 of § 46-968.

§ 46-972 1952 Supplement 208

(6) The policy, the written application therefor, if any, and any rider or
endorsement which does not conflict with the provisions of this chapter shall con-
stitute the entire contract between the parties.

1952 (47) 1853.

§ 46-973. Excess coverage in such policies.

Any policy which grants the coverage required for a motor vehicle liability policy
may also grant any lawful coverage in excess of or in addition to the coverage
specified for a motor vehicle liability policy and the excess or additional coverage
shall not be subject to the provisions of this chapter. With respect to a policy
which grants this excess or additional coverage the term "motor-vehicle liability
policy" shall apply only to that part of the coverage which is required by §§ 46-968
to 46-977.

1952 (47) 1853.

§ 46-974. Reimbursement of carrier by insured for excess liability required
under this chapter.

Any motor vehicle liability policy may provide that the insured shall reimburse
the insurance carrier for any payment the insurance carrier would not have been
obligated to make under the terms of the policy except for the provisions of this
chapter.

1952 (47) 1853.

§ 46-975. Pro-rate insurance.

Any motor vehicle liability policy may provide for the pro-rating of the insurance
thereunder with other valid and collectible insurance.
1952 (47) 1853.

§ 46-976. Several carriers may write.

The requirements for a motor vehicle liability policy may be fulfilled by the
policies of one or more insurance carriers which policies together meet such require-
ments.

1952 (47) 1853.

§ 46-977. Binder.

Any binder issued pending the issuance of a motor vehicle liability policy shall
be considered as fulfilling the requirements for such policy.
1952 (47) 1853.

§ 46-978. Notice of cancelation or termination of certified policy.

When an insurance carrier has certified a motor vehicle liability policy under
§ 46-964 or §§ 46-966 and 46-967, the insurance so certified shall not be canceled
or terminated until at least ten days after a notice of cancelation or termination
of the insurance certified shall be filed with the Department, except that a policy
subsequently procured and certified shall, on the effective date of its certification,
terminate the insurance previously certified with respect to any motor vehicle
designated in both certificates.

1952 (47) 1853.

§ 46-979. Policies otherwise required by law.

This chapter shall not be held to apply to or affect policies of automobile in-
surance against liability which may be required by any other law of this State,
and those policies, if they contain an agreement or are endorsed to conform with

209 Code of Laws of South Carolina, 1952 § 46-983

the requirements of this chapter, may be certified as proof of financial responsibility
under this chapter.

1952 (47) 1853.

§ 46-980. Policies covering employees using nonemployer motor vehicles ex-
empt.

This chapter shall not be held to apply to or affect policies insuring solely the
insured named in the policy against liability resulting from the maintenance or
use by persons in the insured's employ or on his behalf of motor vehicles not
owned by the insured.

1952 (47) 1853.

§ 46-981. Bond as proof.

Proof of financial responsibility may be evidenced by the bond of a surety com-
pany duly authorized to transact business within this State, or a bond with at least
two individual sureties each owning real estate within this State and together having
equities equal in value to at least twice the amount of the bond, which real estate
shall be scheduled in the bond approved by a judge of a court of record, which
bond shall be conditioned for payment of the amounts specified in § 46-902 (10).
Any surety scheduling real estate security shall furnish satisfactory evidence of
title and the nature and extent of all encumbrances thereon and the value of the
surety's interest therein in the manner which the judge of the court of record may
require.

1952 (47) 1853.

§ 46-982. Cancellation.

The bond shall be filed with the Department and shall not be cancelable except
after ten days written notice to the Department.
1952 (47) 1853.

§ 46-983. Lien on scheduled real estate of sureties.

The bond shall constitute a lien in favor of the State upon the real estate
scheduled of any surety, which lien shall exist in favor of any holder of a final
judgment against the person who has filed the bond, for damages, including dam-
ages for care and loss of services, because of bodily injury to or death of any person
or for damage because of injury to or destruction of property, including the loss
of use thereof, resulting from the ownership, maintenance, use, or operation of a
motor vehicle after the bond was filed, upon the filing of notice to that effect by the
Department in the office of the clerk of court of the county where the real estate
shall be located. The notice filed by the Department shall, in addition to other
matters which are considered to be pertinent by the Department, contain a legal
description of the real estate scheduled, the name of the holder of the record title,
the amount for which it stands as security, and the name of the person in whose
behalf proof is being made. Upon the filing of the notice, the clerk of court shall
retain it as part of the records of the court and shall enter upon the record the
date and hour of filing, the name of the surety, the name of the title holder of
record, the description of the real estate, and a notation that a lien is charged on
the real estate pursuant to the notice filed hereunder.

1952 (47) 1853.

§ 46-984 1952 Supplement 210

§ 46-984. Action on judgment entered against principal on bond.

If a judgment, rendered against the principal on the bond, shall not be satisfied
within sixty days after it has become final, the judgment creditor may, for his own
use and benefit and at his sole expense, bring an action or actions in the name
of the State against the company or persons executing the bond, including an action
or proceeding to foreclose any lien that may exist upon the real estate of a person
who executed the bond. An action to foreclose any lien upon real estate scheduled
by any surety under the provisions of this chapter shall be brought in the same
manner as is provided for the foreclosure of real estate mortgages in this State.

1952 (47) 1853.

§ 46-985. Money or securities as proof.

Proof of financial responsibility may be evidenced by the certificate of the State
Treasurer that the person named therein has deposited with him eleven thousand
dollars in cash, or securities such as may legally be purchased by savings banks
or for trust funds of a market value of eleven thousand dollars. The State Treasurer
shall not accept the deposit and issue a certificate therefor and the Department shall
not accept the certificate unless accompanied by evidence that there are no un-
satisfied judgments of any character against the depositor in the county where the
depositor resides.

1952 (47) 1853.

§ 46-986. Custody.

The deposit shall be held by the State Treasurer to satisfy, in accordance with
the provisions of this chapter, any execution on a judgment issued against the
person making the deposit, for damages, including damage for care and loss of
service, because of bodily injury to or death of any person, or for damages because
of injury to or destruction of property, including the loss of use thereof, resulting
from the ownership, maintenance, use, or operation of a motor vehicle after the
deposit was made.

1952 (47) 1853.

§ 46-987. Attachment.

Money or securities deposited shall not be subject to attachment or execution
unless the attachment or execution shall arise out of a suit for damages which this
chapter covers.

1952 (47) 1853.

§ 46-988. Owner may give proof for others.

Whenever any person required to give proof of financial responsibility hereunder
is, or later becomes, an operator in the employ of any owner, or is, or later becomes,
a member of the immediate family or household of the owner, the Department
shall accept proof given by the owner in lieu of proof by the other person to permit
that person to operate a motor vehicle for which the owner has given proof as
herein provided. The Department shall designate the restrictions imposed by this
section on that person's license.

1952 (47) 1853.

§ 46-989. Substitution of proof.

The Department shall consent to the cancellation of any bond or certificate of
insurance or the Department shall direct and the State Treasurer shall return the

211 Code of Laws of South Carolina, 1952 § 46-992

money or securities to the person entitled thereto upon the substitution and ac-
ceptance of other adequate proof of financial responsibility pursuant to this chapter.
1952 (47) 1853.

§ 46-990. Other proof may be required.

Whenever any proof of financial responsibility filed under the provisions of this
chapter no longer fulfills the purposes for which required, the Department shall
require other proof as required by this chapter and shall suspend the license and
registration or the nonresident's operating privilege pending the filing of other
proof.

1952 (47) 1853.

§ 46-991. Duration of proof ; cancellation or return of proof.

The Department shall upon request consent to the immediate cancellation of any
bond or certificate of insurance, or shall return to the person entitled thereto any
money or securities deposited pursuant to this chapter as proof of financial re-
sponsibility, or the Department shall waive the requirement of filing proof, in any
of the following events :

(1) At any time after three years from the date the proof was required when,
during the three year period preceding the request, the Department has not received
record of a conviction or a forfeiture of bail which would require or permit the
suspension or revocation of the license, registration, or nonresident's operating
privilege of the person by or for whom the proof was furnished,

(2) In the event of the death of the person on whose behalf the proof was filed
or the permanent incapacity of the person to operate a motor vehicle, or

(3) In the event the person who has given proof surrenders his license and
registration to the Department.

The Department shall not consent to the cancellation of any bond or the return
of any money or securities in the event any action for damages upon a liability
covered by the proof is then pending or any judgment upon this liability is then
unsatisfied, or in the event the person who has filed the bond or deposited the money
or securities has, within one year immediately preceding the request, been involved
as an operator or owner in any motor vehicle accident resulting in injury or damage
to the person or property of others. An affidavit of the applicant as to the non-
existence of these facts, or that he has been released from all of his liability, or
has been finally adjudicated not to be liable, for the injury or damage, shall be
sufficient evidence thereof in the absence of evidence to die contrary in the rcords
of the Department.

1952 (47) 1853.

§ 46-992. When re-establishment of proof required.

Whenever any person whose proof has been cancelled, or returned under sub-
division 3 of § 46-991 applies for a license or registration within a period of three
years from the date proof was originally required, this application shall be refused
unless the applicant shall re-establish the proof for the remainder of the three year
period.

1952 (47) 1853.

§ 46-1001 1952 Supplement 212

Article 5.
Violations ; Penalties.

§ 46-1001. Operation of motor vehicle by owner or with his permission during
suspension of license registration or operating privilege.

Any person whose license or registration or nonresident's operating privilege has
been suspended or revoked under this chapter and who, during such suspension
or revocation drives any motor vehicle upon any highway or knowingly permits
any motor vehicle owned by him to be operated by another upon any highway,
except as permitted under this chapter, shall be fined one hundred dollars or
imprisoned thirty days.

1952 (47) 1853.

§ 46-1002. Forgery; filing of unauthorized proof.

Any person who shall forge or, without authority, sign any notice provided for
under §§ 46-932, 46-933 and 46-93S that a policy or bond is in effect, or any
evidence of proof of financial responsibility, or who files or offers for filing any
such notice or evidence of proof knowing or having reason to believe that it is
forged or signed without authority, shall be fined not more than one thousand
dollars or imprisoned not more than one year, or both.

1952 (47) 1853.

§ 46-1003. General penalties.

Any person who shall violate any provision of this chapter, for which no penalty
is otherwise provided, shall be fined not more than one hundred dollars or im-
prisoned for not more than thirty days.

1952 (47) 1853.

§ 46-1004. Penalties failure return license or registration.

Any person willfully failing to return license or registration as required in § 46-
924, shall be fined one hundred dollars or imprisoned thirty days.
1952 (47) 1853.

Title 47.
Municipal Corporations.

Chapter 1. General Provisions, § 47-52.1.

2. Towns of Less Than One Thousand Inhabitants, § 47-112.

3. Cities and Towns of Over One Thousand Inhabitants, § 47-244.

4. Towns Between One Thousand and Five Thousand Inhabitants,
§ 47-313.1.

5. Cities of Over Five Thousand Inhabitants, § 47-372.1.

6. Commission Form of Government, § 47-631.
8. Financial Matters Generally, § 47-808.

11. Streets and Sidewalks Generally, § 47-1302.
13. Miscellaneous Local Provisions, § 47-1601.

213 Code of Laws of South Carolina, 1952 § 47-107

CHAPTER 1.
General Provisions.
Article 4.
Election of Mayors and Councils, § 47-52.1.

Article 2.

Extension or Reduction of Corporate Limits

§ 47-11. Power to extend.

Stated. Teal v. Town of Chesterfield, et lumbia, et al, 220 S. C. 59; 66 S. E. (2d)
al, 220 S. C. 1; 66 S. E. (2d) 318. 427, (1951).

Cited. Hite, et al v. Town of West Co-

§ 47-22. Time within which contest on extension of municipal limits must be
instituted.

This section is not confined or restricted includes the entire annexation procedure,
to the actual election, that is, the casting Hite, et al v. Town of West Columbia, et
and counting of ballots; but refers to and al, 220 S. C. 59; 66 S. E. (2d) 427, (1951).

§ 47-23. How corporate limits reduced.

Stated. Teal v. Town of Chesterfield, et al, 220 S. C. 1 ; 66 S. E. (2d) 318.

Article 4.
Election of Mayors and Councils.

§ 47-52.1. Same; cities or towns of 10,000 and less.

City or town councils of cities and towns having a population of not more than
ten thousand inhabitants according to the last United States Census, and which
are divided into wards, may require by ordinance duly adopted that all aldermen
of the city or town be elected from the qualified electors of the city or town at
large without regard to ward lines by the qualified voters of the city or town
without regard to ward lines.

1952 (47) 1941.

§ 47-53. Same; special provision for Anderson.

The city council of the city of Anderson may enact ordinances providing that
the aldermen of said city, from their respective wards, shall be elected at large
by a direct vote of the qualified electors of said city. Upon the enactment of such
an ordinance such aldermen from their respective wards shall be elected at large
by a direct vote of the qualified electors of the city. But upon the enactment of
such an ordinance, the then present aldermen shall continue in office for the re-
mainder of their terms.

1952 (47) 1941.

CHAPTER 2.

Towns of Less Than One Thousand Inhabitants.

Article 2. Article 5.

Intendant and Wardens; Town Council, Taxes and Licenses, § 47-171.

§ 47-112.

Article 1.

Incorporation and Surrender of Charter.
§ 47-107. Same; exception for islands.

This section is not a special law but gen- stitution. Wagener, et al v. Smith, et al,
eral in its application to all islands, and is 221 S. C. 438; 71 S. E. (2d) 1, (1952).
not in violation of Art. 8, § 1, of the Con-

§ 47-112 1952 Supplement 214

Article 2.
Intendent and Wardens; Town Council.

§ 47-112. Same ; two year term in certain towns.

Notwithstanding the provisions of § 47-111, in the towns of Aynor, Bethune,
Bonneau, Bluffton, Campobello, Chapin, Clio, Cross Hill, Duncan, Ellcnton, Gray
Court, Hardecville, Heath Springs, Lovorys, Lynchburg, McClellanville, Nichols,
Nortlij North Mullins, Ocean Drive Beach, Olar, Pamplico, Pelion, Port Royal,
Ridge Spring, Ridgeville, Sellers, Silverstreet, West Union in Oconee County and
Yemassee, the intendant or mayor and wardens, alderman or councilmen shall be
elected every two years and their terms of office shall be for two years and until
their successors shall have been elected and qualified.

1952 Code §§ 47-112, 47-114; 1952 (47) 1941, 2152.

§ 47-114. Same; Campobello and Duncan.

In the towns of Campobello and Duncan in Spartanburg County the town officers
shall consist of a mayor and four aldermen. They shall be elected during each even
numbered year.

1952 (47) 1941.

Former § 47-114 put into § 47-112.

Article 5.
^ Taxes and Licenses.

§ 47-171. Same ; twenty mills in certain towns.

The towns of Blenheim, Pacolet, Ridge Spring and Scranton may levy and
collect a tax for ordinary purposes not to exceed twenty mills.
1952 (47) 1716.

§ 47-172.1. Same ; thirty mills in Ocean Drive Beach.

The town council of Ocean Drive Beach may, by ordinance, levy an annual tax
not in excess of thirty mills on all taxable property within the corporate limits of
the town.

1952 (47) 1716.

§ 47-172.2. Same ; thirty-five mills in Ridgeway.

The town of Ridgezvax may levy and collect a tax for ordinary purposes not
to exceed thirty-five mills.
1952 (47) 2028.

CHAPTER 3.

Cities and Towns op Over One Thousand Inhabitants Generally.

Article 4.
Property Taxes.

§ 47-244. Same ; three per cent tax in certain towns.

The town councils of the towns of Chcsncc, Calhoun Falls, Cayce, Central, Clem-
son, Cowpens, Summcrville, Kingstree, Williamston and Winnsboro may levy as
herein provided an annual tax not exceeding three per cent of the assessed value
of all taxable property lying within the corporate limits of said respective towns.

1952 (47) 1882, 2038, 2160.

215 Code of Laws of South Carolina, 1952 § 47-323.2

§ 47-248.1. Same ; four and two-tenths per cent in Bishopville.

The town council of the town of Bishopville may levy as provided herein an
annual tax for ordinary town purposes not exceeding four and two-tenths per cent
of the assessed value of all taxable property within the corporate limits of said town.

1952 (47) 2160.

§ 47-250. Same; four and eight-tenths per cent tax in Barnwell and St.
George.

The town councils of Barnwell and St. George may levy as herein provided an
annual tax not exceeding forty-eight mills upon the assessed value of all taxable
property within the corporate limits of said respective towns.

1952 (47) 1882.

CHAPTER 4.

Towns Between One Thousand and Five Thousand Inhabitants.

Article 2.
Officers.
§ 47-313.1. Same; Chesnee.

The town of Chesne in Spartanburg County shall be governed by a mayor and
four aldermen, and they shall compose the town council of the town.
1952 (47) 2036.

§ 47-317.1. Same ; Forest Acres.

There shall be an election in the town of Forest Acres in Richland County on the
second Tuesday in June in every odd-numbered year to elect a mayor of the town
and four councilmen. Each shall serve for a period of two years or until his suc-
cessor shall have been elected and qualified.

1952 (47) 2023.

§ 47-317.2. Same; Inman.

The town of Inman shall have a mayor and four aldermen who shall be elected
by the qualified electors of the town. The mayor shall be elected for a term of two
years and until his successor shall have been elected and qualified. The aldermen
shaH be elected for terms of four years and until their successors shall have been
elected and qualified, except that at the first election held hereunder, of the alder-
men elected, the two receiving the highest vote shall be elected for terms of four
years and the other two aldermen elected shall be elected for terms of two years.

1952 (47) 1710.

§ 47-323.2. Same; Seneca.

Upon the expiration of the present terms of the councilmen of the town of Seneca,
their successors shall be elected in the following manner at the next general elec-
tion in the town: of those elected the two receiving the largest number of votes
shall be elected for a term of six years ; the two receiving the next largest vote
shall be elected for a term of four years ; and the other two elected shall be elected
for a term of two years. Thereafter the terms of all councilmen shall be for six
years.

1952 (47) 1930.

§ 47-372.1 1952 Supplement 216

CHAPTER 5.

Cities of Over Five Thousand Inhabitants.

Article 2. Article 4.

Officers and Employees, § 47-372.1. Certain Powers, § 47-406.

Article 2.
Officers and Employees.
§ 47-372.1. Same; Greer.

One alderman from each of the six wards in Greer as described and bounded in
Act No. 867 of 1952 Acts and Joint Resolutions (p. 2130) shall be elected by the
qualified electors of the city at large, at the times and for the terms prescribed by
law for the election of the city officials.

1952 (47) 2130.

Article 4.

Certain Powers.

§ 47-406. Cities of twenty thousand or over may dispose of unclaimed auto-
mobiles.

See §§ 46-482.1 to 46-482.8 for personal property abandoned on a road or highway.

CHAPTER 6.
Commission Form of Government.

Article 8.

City of Camden.

§ 47-631. Election of mayor and commissioners.

In the city of Camden there shall be a mayor and four commissioners elected in
general elections in said city to be held on the second Tuesday in May of each
even numbered year in which the term of office of the mayor or the term of office
of the commissioners may expire.

19S2 (47) 1995.

CHAPTER 8.

Financial Matters Generally.

Article 1.
General Provisions.

§ 47-804. No municipal officers may contract with municipality.

Cited. Gilbert et al v. McLeod Infirmary et al, 219 S. C. 174, 64 S. E. (2d) 524.

§ 47-808. Same; provisions inapplicable in certain counties.

The provisions of § 47-807 shall not apply to the counties of Abbeville, Aiken,
Georgetown, Hampton, Marion, Marlboro, Newberry, Richland, Spartanburg,
Union and Sumter.

1952 (47) 2126.

217 Code of Laws of South Carolina, 1952 § 47-1306

CHAPTER 9.
Zoning and City Planning.

Article 1.
Zoning.

§ 47-1001. Building and zoning regulations.

Cited. Central Realty Corporation v. Al- ville, 218 S. C. 435; 63 S. E. (2d) 153,
lison, Building Inspector, City of Green- (1951).

§ 47-1004. Manner of adopting regulations; hearings; notice thereof.

Notice of time and place of hearing pub- Greenville, 218 S. C. 435; 63 S. E. (2d) 153,
lished one time over fifteen days prior (1951).

thereto sufficient. Central Realty Corpora- § 8901 not applicable to this section. Id.

tion v. Allison, Building Inspector, City of

§ 47-1005. Amendment of regulations; protests.

This section contemplates that a written Central Realty Corporation v. Allison,
protest be offered or presented before or at Building Inspector, City of Greenville, 218
the time of the advertised public hearing. S. C. 435; 63 S. E. (2d) 153, (1951).

CHAPTER 11.

Streets and Sidewalks Generally.

Article 1.
Acquisition of Land for Streets, etc.

§ 47-1302. May condemn property.

Any municipal corporation desiring to become the owner of any land, or to ac-
quire any easement or right of way therein, whether within or without the corpo-
rate limits, for any corporate or public purpose, may condemn such land or right
of way or easement in the manner hereinafter provided.

1952 (47) 2022.

§ 47-1303. Lands devoted to public use or of public service corporations ex-
cepted.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2022 and 2023.

The provisions of § 47-1302 shall not apply to any property owned by public
service corporations or devoted to public use. Such power of condemnation shall
not extend to properties beyond the boundaries of the county in which a municipal
corporation is situate and no municipal corporation shall have powers of condem-
nation beyond the county territorial limits of the county in which such municipal
corporation is located.

1952 (47) 2022.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2022 and 2023.

§ 47-1304. Procedure.

The condemnation authorized and provided for in § 47-1302 shall be made in
the same manner as condemnations are made by railroad corporations, as set forth
in §§ 58-771 to 58-7S7.

1952 (47) 2022.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2022 and 2023.

§ 47-1305. Oath of condemnation jury.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2022 and 2023.

§ 47-1306. Appeal to court.

Repealed by 1952 A. &. J. R. (47 St. at L.) pp 2022 and 2023.

§ 47-1307 1952 Supplement 218

§ 47-1307. Clerk of court to execute deed when owner fails.

Repealed by 1952 A. &. J. R. (47 St. at L.) pp 2022 and 2023.

§ 47-1308. Recordation of deed.

Repealed by 1952 A. &. J. R. (47 St. at L.) pp 2022 and 2023.

CHAPTER 13.
Miscellaneous Local Provisions.

Article 10.
Greenwood.

§ 47-1601. Salaries of mayor and councilmen.

The mayor of Greenwood shall be paid a salary of one hundred twenty-five dol-
lars per month, and the members of the council a salary of fifty dollars each per
month. Such salaries shall be applicable commencing with the present terms of office
of the mayor and councilmen.

1952 (47) 1897.

Title 51.

Parks and Playgrounds.

CHAPTER 4.

Provisions Relating to Particular Political Subdivisions.

Article 15. Article 17.

Greenwood Recreation District and Kershaw County Recreational Board and

Commission, § 51-351. Commission, § 51-359.1.

Article 15.

Greenwood Recreation District and Commission.

§ 51-351. Establishment of the Greenwood recreation district.

There is hereby created a district, known as The Greenwood Recreation District,
which shall consist of all of the area included within the incorporate limits of the
city of Greenwood, together with all of the area outside of the incorporate limits
of the city of Greenwood which was included in School District No. 18 on Jan-
uary 1 1952.

1952 (47) 2144.

§ 51-355.1. Tax levy.

There is levied upon all of the taxable property within the area known as The
Greenwood Recreation District a tax of two mills. The auditor and other proper
officials are hereby directed and empowered to levy and collect such a levy.

1952 (47) 2144.

Article 17.

Kershaw County Recreational Board and Commission.

§ 51-359.1. Establishment and appointment of commission; term.

Provisions from 1952 A. &. J. R. (47 St. at L.) pp 1709 and 1710 make up this section.

§ 51-359.2. Duties.

Provisions from 1952 A. &. J. R. (47 St. at L.) pp 1709 and 1710 make up this section.

219 Code of Laws of South Carolina, 1952 § 53-821

Title 52.
Partnerships and Joint Stock Companies.

CHAPTER 1.
Uniform Partnership Act.

Article 1.
General Provisions.
§ 52-1. Uniform Partnership Act.

Cited in Nachman-Rhodes, Inc. v. 393, (1951).
Lightner et al., 219 S. C. 167, 64 S. E. (2d)

Title 53.
Peace Officers.

Chapter 2. Sheriffs and Deputy Sheriffs Generally, § 53-52.
7.1. Great Falls Police System, § 53-821.

CHAPTER 2.
Sheriffs and Deputy Sheriffs Generally.

Article 1.
Elections, Qualifications and Vacancies in Office.

§ 53-52. Same ; exception in certain counties.

In the counties of Beaufort, Berkeley. Cherokee, Hampton and Kershaw the
election for sheriff shall be held in each even numbered year other than a presi-
dential election year.

1952 (47) 1877.

§ 53-56. Vacancies in office of sheriff.

Undated resignation signed by person sheriff is void. Jackson v. White, 218 S. C.
prior to appointment and qualification as 311; 62 S. E. (2d) 776, (1950).

CHAPTER 5.
Rural and Other County Police.

Article 4.
Cherokee County Rural Police.
§ 53-399. Responsibility of sheriff; daily reports to him.

Cherokee County sheriff not entitled to policemen. McKown, et al v. Daniel, et al,
any charge for services or expenses of rural 217 S. C. 510; 61 S. E. (2d) 163, (1950).

CHAPTER 7.1.
Great Falls Police System.
§ 53-821. Etablishment, etc.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2138 to 2140 make up this section.

§ 55-8 1952 Supplement 220

Title 55.
Prisons and Other Methods of Correction.

Chapter 3. South Carolina Industrial School, § 55-103.1.

4. The State Industrial School for Girls, § 55-155.1.

5. The John G. Richards Industrial Training School for Negro Boys,
§ 55-203.1.

6. The South Carolina Industrial School for Negro Girls, § 55-253.
8. Jails and Jailers, § 55-424.

CHAPTER 1.
General Provisions.
§ 55-8. Credit given convicts for good behavior.

Upon release from the penitentiary for Wilson, 219 S. C. 139; 64 S. E. (2d) 400,

good behavior, before the expiration of his (1951).

sentence respondent became subject to the Applied. Finley v. The Mate. 219 b. U

jurisdiction of the Parole Board. State v. 278; 64 S. E. (2d) 881, (1951).

CHAPTER 3.
South Carolina. Industrial School.
§ 55-103.1. Commitment by general sessions courts and certain inferior
courts.

Any white male under the age of seventeen years entering a plea of guilty or
being convicted in the courts of general sessions of this State, or in any inferior
court of this State, having concurrent jurisdiction with the courts of general ses-
sions, may in the discretion of the trial judge, be committed by that court to South
Carolina Industrial School, subject to all laws or rules and regulations applicable
to the School, instead of to the chain gang or State Penitentiary.

1952 (47) 2172.
§ 55-106. Transfer of certain inmates to State Hospital.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

CHAPTER 4.
The State Industrial School for Girls.
§ 55-155.1. Commitment by courts of general sessions and certain inferior
courts.

Any white female under the age of twenty years entering a plea of guilty or
being convicted in the courts of general sessions of this State, or in any inferior
court of this State, having concurrent jurisdiction with the courts of general ses-
sions, may in the discretion of the trial judge, be committed by that court to The
State Industrial School for Girls, subject to all laws or rules and regulations appli-
cable to the School, instead of to the chain gang or State Penitentiary.

1952 (47) 2172.

§ 55-156. Commitment by certain other courts.

When any white female between the ages of twelve and twenty years except as j
provided in § 55-155.1 shall have been tried before any magistrate or county or
city court and found guilty of a violation of any law punishable by fine or imprison-

221 Code of Laws of South Carolina, 1952 § 55-253

ment in the State Penitentiary or in any county or city jail, or by hard labor for
any county or city, if, in the opinion of such court, the interest of such female would
thereby be promoted, such court may commit such female, in lieu of fine or im-
prisonment, to The State Industrial School for Girls for an indeterminate period
not to extend beyond the twenty-first birthday of such female. But if, in the opin-
ion of such court, such female should be placed on probation rather than impris-
oned or fined, the court shall remand such female to the judge of probate in the
county in which her case arose with recommendations to this effect, and the judge
of probate shall then handle the case as he may deem best in accordance with the
provisions of this chapter and the laws of this State.
1952 (47) 2172.

§ 55-164. Epileptics, et al., not to be admitted ; transfers.

No girl shall be committed to the industrial school who is epileptic, mentally ill,
or mentally defective. The court when committing any girl shall furnish a state-
ment of such facts as can be ascertained concerning the personal and family history
of the girl. If it shall develop after a girl is committed to institution that she is an
epileptic, mentally ill, mentally defective, or paralytic, she may be transferred by
the Board to another state institution, which in its judgment is best qualified to
care for her, in accordance with the laws of this State. But no transfer to any State
mental health facility shall be made without approval of the South Carolina Men-
tal Health Commission.

1952 (47) 2042.

CHAPTER 5.

The John G. Richards Industrial Training School for Negro Boys.

§ 55-203.1. Commitment by courts of general sessions and certain inferior
courts.

Any negro male under the age of seventeen years entering a plea of guilty or
being convicted in the courts of general sessions of this State, or in any inferior
court of this State, having concurrent jurisdiction with the courts of general ses-
sions, may in the discretion of the trial judge, be committed by that court to The
John G. Richards Industrial Training School for Negro Boys, subject to all laws
or rules and regulations applicable to such school, instead of to the chain gang or
State Penitentiary.

1952 (47) 2172. '

CHAPTER 6.

The South Carolina Industrial School for Negro Girls.

§ 55-253. Commitment by courts of general sessions and certain inferior
courts.

Any negro female under the age of twenty years entering a plea of guilty or
being convicted in the courts of general sessions of this State, or in any inferior
court of this State, having concurrent jurisdiction with the courts of general ses-
sions, may in the discretion of the trial judge, be committed by that court to The
South Carolina Industrial School for Negro Girls, subject to all laws or rules and
regulations applicable to such school, instead of to the chain gang or State Peni-
tentiary.

1952 (47) 2172.

§ 55-424 1952 Supplement 222

CHAPTER 8.
Jails and Jailers.

§ 55-424. Imprisonment of mentally ill or defective or epileptic.

No person who is mentally ill, mentally defective, or epileptic shall be confined
for safekeeping in any jail. If it appears to the officer in charge that such a person
has been imprisoned he shall notify the South Carolina Mental Health Commis-
sion immediately.

1952 (47) 2042.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 2042 to 2074.

CHAPTER 10.
Probation, Parole and Pardons.

Article 1.
Board of Probation, Parole and Pardons; General Provisions.

§ 55-551. Probation, Parole and Pardon Board.

Cited. Evans v. Manning, 217 S. C. 10; 59 S. E. (2d) 341, (1950).

§ 55-553. Meetings.

Cited. Evans v. Manning, 217 S. C. 10; 59 S. E. (2d) 341, (1950).

Article 3.

Probation.

§ 55-593. Conditions of probation.

Revocation of parole for failure "avoid 130; 61 S. E. (2d) 754, (1950).

persons or places of disreputable or harm- Cited. The State v. Clough, 220 S. C.

ful character." State v. White, 218 S. C. 390; 68 S. E. (2d) 329, (1951).

Article 4.
Parole Generally and Release for Good Conduct.

§ 55-611. When Board may parole prisoner.

Cited. The State v. Williams, 221 S. C. 107; 69 S. E. (2d) 371, (1952).

§ 55-616. Violation of parole.

Violation of municipal laws relating to breach conditions of probationary sentence,
disorderly conduct, reckless driving, speed- The State v. King, 221 S. C. 68; 69 S. E.
ing and breach of the peace sufficient to (2d) 123, (1952).

§ 55-617. Effect of release after service of full time less good conduct deduc-
tion.

Upon release from the penitentiary for jurisdiction of the Parole Board. State v.
good behavior, before the expiration of his Wilson, 219 S. C. 139, 64 S. E. (2d) 400.
sentence, respondent became subject to the

223 Code of Laws of South Carolina, 1952 § 56-1335.1

Title 56.
Professions and Occupations.

Chapter 21. Peddlers, Horse Traders, Etc., § 56-1271.1.
22.1. Physical Therapists, § 56-1335.

CHAPTER 3.
Attorneys at Law.

Article 3.
Regulation of Practice of Laiv.

§ 56-143. Attorneys not to argue longer than two hours.

Applied. State v. Mclntire, 71 S. E. (2d) 410, (1952).

CHAPTER 16.
Naturopathy.

§ 56-901. Naturopathy denned.

Stated. Jacoby v. S. C. Board of Naturo- (2d) 138, (1951).
pathic Examiners, 219 S. C. 66; 64 S. E.

CHAPTER 21.
Peddlers, Horse Traders, Etc.

Article 5.
Horse Trading, etc.

§ 56-1271.1. Same; issuance of license in Union County.

In Union County the clerk of court may issue such licenses, upon payment of the
sum of fifty dollars, for a period of six months or less without such authorization.
1952 (47) 2162.

CHAPTER 22.1.
Physical Therapists.
§ 56-1335. Short title.

This chapter may be cited as the "Physical Therapists Practice Act".
1952 (47) 1967.

§ 56-1335.1. Definitions.

In this chapter, unless the context otherwise requires, the following definitions
shall obtain :

( 1 ) " Physical Therapy" shall mean the treatment of any bodily or mental con-
dition of any person by the use of the physical, chemical and other properties of
heat, light, water, electricity, massage, and active and passive exercise. The use
of roentgen rays and radium for diagnostic and therapeutic purposes, and the use
of electricty for surgical purposes, including cauterization, are not authorized under
the term "physical therapy" as used in this chapter.

(2) "Physical Therapist" shall mean a person who practices physical therapy
as defined in this chapter under the direction, supervision and prescription of a per-
son licensed to practice medicine or surgery.

(3) "Board" shall mean the State Board of Examiners.
1952 (47) 1967.

§ 56-1335.2 1952 Supplement 224

§ 56-1335.2. State Board of Examination and Registration of Physical Thera-
pists ; appointment ; term.

There is hereby created the State Board of Examination and Registration of
Physical Therapists to administer the registration of physical therapists as defined
in and set out in this chapter. The Board shall consist of at least three and not
more than five members, who shall be nominated by the South Carolina Physical
Therapy Association, Inc., and approved by the Governor, and shall be registered
physical therapists as defined by this chapter. One doctor licensed to practice in
this State may be substituted for one of the physical therapist members. The
physical therapists shall have had at least three years experience prior to appoint-
ment, and shall be actively practicing in this State during their respective periods
of incumbency. The term of each member of the Board shall be for three years,
and no member may serve for more than two successive three-year terms. The
Board shall designate one of its members as president, and one as secretary-
treasurer.

1952 (47) 1967.

§ 56-1335.3. Seal ; use of funds ; disbursements.

The Board may have and use an official seal bearing the words: "State Board
of Examination and Registration of Physical Therapists in South Carolina". All
moneys coming into the possession of the Board shall be held by the secretary-
treasurer of the Board as a special fund for meeting the expenses of the Board and
carrying out the provisions of this chapter, and for the promotion of physical
therapy education and good standards of physical therapy in this State and he
shall give such bond as the Board shall, from time to time, direct, the expenses of
such bond to be paid out of the funds of the Board. All disbursements from the
funds of the Board must have the approval of the president.

1952 (47) 1967.

§ 56-1335.4. Rules; records; register.

The Board may adopt reasonable rules to carry this chapter into effect and may
amend and revoke such rules at its discretion. The Board shall keep a record of its
proceedings under this chapter and a register of all persons registered under it.
The register shall show the name of every living registrant, his last known place
of business and last known place of residence, and the date and numher of his
registration and certificate as a registered physical therapist. The Board shall dur-
ing the month of January of every year compile a list of registered physical thera-
pists authorized to practice physical therapy in the State and shall mail a copy of
the list to the superintendent of every known hospital, and every person licensed to
practice medicine and surgery in the State. Any interested person in the State is
entitled to obtain a copy of that list on application to the Board and payment of
such amount as may be fixed by the Board, which shall not exceed the cost of the
list so furnished.

1952 (47) 1967.

§ 56-1335.5. Investigations; prosecution of violators.

The Board shall investigate every supposed violation of this chapter coming to
its notice and shall report to the proper solicitor all cases that in the judgment of
the Board warrant prosecution. Every police officer, sheriff, and peace officer shall
investigate every supposed violation of this chapter that comes to his notice or

225 Code of Laws of South Carolina, 1952 § 56-1335.9

of which he has received complaint, and apprehend and arrest all violators. It shall
be the duty of the Attorney General and of the several solicitors to prosecute vio-
lations of this chapter.
1952 (47) 1967.

§ 56-1335.6. Reports.

The Board shall make an annual report of its proceedings to the Governor at
the close of each fiscal year, which report shall contain an account of all moneys
received and disbursed by it pursuant to this chapter.

1952 (47) 1967.

§ 56-1335.7. Application for registration.

Unless entitled to register under § 56-1335.13, a person who desires to be regis-
tered as a physical therapist shall apply to the Board, in writing, on a blank fur-
nished by the Board. He shall embody in that application evidence under oath, satis-
factory to the Board, of his possessing the qualifications preliminary to examination
required by § 56-1335.8. He shall pay to the Board a fee of ten dollars at the time
of filing his application.

1952 (47) 1967.

§ 56-1335.8. Qualifications for applicants.

To be eligible for registration by the Board as a physical therapist, each applicant
must:

(l)Be at least twenty-one years old,

(2) Be of good moral character,

(3) Have obtained a high school education or its equivalent as determined by
the Board,

(4) Be a graduate of a school of physical therapy approved by the appropriate
sub-body of the American Medical Association, if such school existed at the time
of his graduation; or if graduated prior to 1936, then the school or course which
was approved by the American Physical Therapy Association at the time of his
graduation,

(5) Either (a) pass to the satisfaction of the Board an examination conducted
by it to determine his fitness for practice as a physical therapist or (b) be entitled
to registration without examination as provided in § 56-1335.13.

1952 (47) 1967.

§ 56-1335.9. Examinations.

The Board shall examine applicants for registration as physical therapists at such
times and places as it may determine, provided that the Board shall meet at least
once each year for this purpose and that notice of at least one meeting each year
be published in a newspaper of general circulation in the State ten days in advance
of such meeting. The examination shall embrace such subjects as the applied sciences
of anatomy, neuroanatomy, kinesiology, physiology, pathology, psychology, physics-
physical therapy, as defined in this chapter, as applied to medicine, neurology,
orthopedics, pediatrics, psychiatry, surgery, medical ethics, technical procedures in
the practice of physical therapy as defined in this chapter.

In case of failure at any examination the applicant shall have the privilege of a
second examination on payment of the regular fee. In case of a second failure the
applicant, to be eligible for a third examination, shall in addition to the require-

§ 56-1335.9 1952 Supplement 226

ments for previous examination, have further pursued his studies for such time
as the Board may designate, and furnish satisfactory evidence thereof.

The grade required for passing the examination before the Board shall be an
average of not less than seventy-five per cent on all subjects examined upon and
not less than sixty per cent on any individual branch.

1952 (47) 1967.

§ 56-1335.10. Temporary permit to practice.

The Board may, upon request, issue to each properly qualified applicant for
registration on licensure a temporary permit which will authorize such applicant
to practice physical therapy until the next meeting of the Board. The applicant will
pay a fee of two dollars for this privilege, none of which shall be returned, nor will
it be applied to the fee for regular registration.

1952 (47) 1967.

§ 56-1335.11. Registration; certificates.

The Board shall register as a physical therapist each applicant who proves to the
satisfaction of the Board his fitness for registration under the terms of this chapter.
It shall issue to each person registered a certificate of registration, which shall be
prima facie evidence of the right of the person to whom it is issued to represent
himself as a registered physical therapist, subject to the conditions and limitations
of this chapter.

1952 (47) 1967.

§ 56-1335.12. Extension of registration; annual fee; inactive list.

Every registered physical therapist shall, on or before January 1 in each year
apply to the Board for an extension of his registration and pay a fee of two dollars.
Registration that is not so extended shall automatically lapse. The Board may in
its discretion revive and extend a lapsed registration on the payment of all past
unpaid extension fees.

A person licensed under the provisions of this chapter desiring to retire from
practice temporarily, shall send a written notice to the Board. Upon receipt of such
notice, the Board shall place the name of such person upon the inactive list. While
remaining on this list the person shall not be subject to the payment of any renewal
fees and shall not practice physical therapy in the State. When such person desires
to resume practice, application for renewal of license and payment of renewal fee
for the current year shall be made to the Board.

1952 (47) 1967.

§ 56-1335.13. Reciprocal registration.

The Board may, in its discretion, register as a physical therapist, without exami-
nation, on the payment of a fee of ten dollars, an applicant for registration who is
a physical therapist registered under the laws of another state or territory, if the
requirements for registration of physical therapists in the state or territory in which
the applicant was registered were at the date of his registration substantially equal
to the requirements in force in this State and if the state or territory whence the
applicant comes accords a similar privilege of registration without examination to
holders of certificates as registered physical therapists under this chapter.

1952 (47) 1967.

227 Code ok Laws of South Carolina, 1952 § 56-1335.16

§ 56-1335.14. Grounds for refusal, suspension or revocation of registration.

The Board, after due notice and hearing, may refuse to register any applicant
and may refuse to renew the registration of any registered person, and may suspend
or revoke the registration of any registered person

(1) Who is habitually drunk or who is addicted to the use of narcotic drugs,

(2) Who has been convicted of violating any state or federal narcotic law,

(3) Who is, in the judgment of the Board, guilty of immoral or unprofessional
conduct,

(4) Who has been convicted of any crime involving moral turpitude,

(5) Who is guilty, in the judgment of the Board, of gross negligence in his
practice as a physical therapist,

(6) Who has obtained or attempted to obtain registration by fraud or material
misrepresentation,

(7) Who has been declared insane by a court of competent jurisdiction and has
not thereafter been lawfully declared sane, or

(8) Who has treated or undertaken to treat ailments of human beings otherwise
than by physical therapy and as authorized by this chapter, or who has undertaken
to practice independent of the prescription, direction or supervision of a person
licensed to practice medicine or surgery without limitation.

1952 (47) 1967.

§ 56-1335.15. Treatment of human ailments by registrants and others.

A person registered under this chapter as a physical therapist shall not treat
human ailments by physical therapy or otherwise except under the direction, super-
vision and prescription of a person licensed to practice medicine or surgery. Nothing
in this chapter shall be construed as authorizing a registered physical therapist or
any other person to practice medicine, surgery, osteopathy, homeopathy, chiroprac-
tics, naturopathy, magnetic healing or any other form, branch or method of healing
as authorized by the laws of this State. Any person violating the provisions of this
section shall be guilty of a misdemeanor and, upon conviction by a court of com-
petent jurisdiction, shall be punished as set out in § 56-1374.

1952 (47) 1967.

§ 56-1335.16. Practice of other forms of therapy, massaging or related treat-
ment.

Nothing contained in this chapter shall be construed to limit or prevent the
practice of any other form of therapy, massaging, or related treatment by any person
not registered under the chapter, if such person does not in any way represent
himself to be a registered physical therapist.

Nothing in this chapter shall be construed to prevent a person, duly licensed,
to practice chiropractic medicine under the existing laws of this State, to practice
that form of the healing art herein defined as physical therapy or to restrict, inhibit
or limit the practice of chiropractic medicine as now practiced in this State and as
taught by accredited schools or colleges of chiropractic medicine.

Also nothing contained in this chapter shall affect any duly licensed naturopathic
doctor in the practice of his profession of naturopathy in this State.

1952 (47) 1967.

§ 56-1335.17 1952 Supplement 228

§ 56-1335.17. Acts prohibited; unlawful practice.

Any person who is not registered under this chapter as a physical therapist, or
whose registration has been suspended or revoked, or whose registration has lapsed
and has not been revived, who uses in connection with his name the words or letters
"R.P.T", "Registered Physical Therapist", "Physical Therapist", "Physio Thera-
pist" or any other letters, words or insignia indicating or implying that he is a reg-
istered physical therapist, or who in any other way, orally or in writing or in print
or by sign directly or by implication, represents himself as a registered physical
therapist shall be guilty of misdemeanor and for each offense, upon conviction by
any court of competent jurisdiction, shall be fined in any sum not less than one
hundred dollars nor more than five hundred dollars or imprisonment in the county
jail for a period of not less than thirty nor more than ninety days, or both, at the
discretion of the court, and each day of such violation shall constitute a separate
offense. One-half of such fine shall go to the informant and the other half to the
State.

1952 (47) 1967.

§ 56-1335.18. False oath, or representation; penalties.

A person who willfully makes a false oath or affirmation in any case in which
an oath or affirmation is required by this chapter, or who obtains or attempts to
obtain registration by any fraudulent representation shall be guilty of a misdemeanor
and for each offense, upon conviction by any court of competent jurisdiction, shall
be fined in any sum not less than one hundred dollars nor more than five hundred
dollars or imprisonment in the county jail for a period of not less than thirty days
nor more than ninety days, or both, at the discretion of the court.

1952 (47) 1967.

Title 57.
Property and Conveyances.

CHAPTER 7.
Parole, Fraudulent and Other Void Gifts or Conveyances.

§ 57-306. Parole leases, etc. have force and effect of estates at will only; ex-
ceptions.

Cited. McDonald, et al v. Welborn, et al, 220 S. C. 10; 66 S. E. (2d) 327. (1951).

Title 58.
Public Service Companies.

CHAPTER 10.
Certain Provisions Affecting Railroad, Street Railway, Steamboat and

Canal Companies.

Article 6.

Provisions Affecting Railroads, Including Electric, Interurhan or Street Railway.
§ 58-743. Signals to be given at crossings.

If the crossing signals were not given as Ry. Co., et al, 218 S. C. 63; 61 S. E. (2d)

required the railroad must show that plain- 660, (1950).

tiff was guilty of gross or willful negligence Determining whether or not the statutory

in order to bar recovery. Allen v. Southern signals were given as required is for the

229 Code of Laws of South Carolina, 1952 § 59-95.3

jury. Allen v. Southern Ry. Co., et al, 218 lieves railroad of liability. Atlantic Coast

S. C. 63; 61 S. E. (2d) 660, (1950). Line Ry. Co. v. Glenn, 198 F. (2d) 232,

Negligence of driver of automobile, (1952).
which collided with train, as bar to recovery Cited. Taylor v. Atlantic Coast Line Ry.

by injured passenger in automobile. Rock Co., et al, 217 S. C. 435; 60 S. E. (2d) 889,

v. Atlantic Coast Line RR. Co. (1952). (1950); Vernon v. A. C. L. RR. Co., 221

Failure to give signals is 'negligence per S. C. 376; 70 S. E. (2d) 862, (1952).
se, but gross contributory negligence re-

CHAPTER 11.
The General Railroad Law.

Article 4.

Consolidation or Acquisition of Railroad Companies or Interests Therein.
§ 58-929. Liability to suits.

Cited. Bookhart v. Central Elec. Power (1951).
Coop., 219 S. C. 414; 65 S. E. (2d) 781;

Article 9.

Crossings.

§ 58-999. Signs at railroad crossings.

Cited. Shonnard v. South Carolina Public (2d) 894, (1950).
Service Authority, 217 S. C. 435; 60 S. E.

§ 58-1004. Injuries at crossings; penalty and damages.

Applied. Vernon v. A. C. L. RR. Co., Co., et al, 217 S. C. 435; 60 S. E. (2d) 889,
221 S. C. 376: 70 S. E. (2d) 862, (1952). (1950).

Cited. Taylor v. Atlantic Coast Line Ry.

Title 59.
Public Works and Certain Public Authorities.

Chapter 1.2 Clinton-Newberry Natural Gas Authority, § 59-95.1.
1.3. Fort Hill Natural Gas Authority, § 59-96.1.

3. Municipal Public Works, § 59-172.1.

4. District for Certain Public Works, § 59-609.1.

5. The Revenue Bond Refinancing Act of 1937, § 59-656.

CHAPTER 1.
South Carolina Public Service Authority.
§ 59-1. Created; offices.

Cited. Dupon v. South Carolina Public Service Authority, 100 F. Supp. 778 (1951).

CHAPTER 1.2.
Clinton-Newberry Natural Gas Authority.

§ 59-95.1. Created; function.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section.
Constitutional. Welling v. Clinton New- C. 417; 71 S. E. (2d) 7, (1952).
berry Natural Gas Authority, et al, 221 S.

§ 59-95.2. "System" defined.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section.

§ 59-95.3. Board ; election ; term ; vacancy ; pay.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section.

§ 59-95.4 1952 Supplement 230

§ 59-95.4. Officers.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section.

§ 59-95.5. Salary; expenses.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section.

§ 59-95.6. Powers.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section.

§ 59-95.7. Service area.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section.

§ 59-95.8. Rates.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section.

§ 59-95.9. Disposition of uncovenanted net revenues.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section.

§ 59-95.10. Property exempt from taxes.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section.

§ 59-95.11. Penalties.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section.

§ 59-95.12. Restriction of chapter.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1958 to 1967 make up this section.

CHAPTER 1.3.
Fort Hill Natural Gas Authority.

§ 59-96.1. Created; function.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section.

§ 59-96.2. "System" defined.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section.

§ 59-96.3. Board; appointment; terms; vacancy.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section.

§ 59-96.4. Officers; pay; expenses.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section.

§ 59-96.5. Powers.

Provisions from 1952 A. & J. R. (47 St. at L.} pp 1987 to 1995 make up this section.

§ 59-96.6. Service area.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section.

§ 59-96.7. Member towns.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section.

§ 59-96.8. Contracts with other municipalities.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section.

§ 59-96.9. Rates.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section.

§ 59-96.10. Disposition of uncovenanted net revenues to member towns.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section.

§ 59-96.11. Property exempt from taxes.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section.

231 Code of Laws of South Carolina, 1952 § 59-366

§ 59-96.12. Penalties.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section.

§ 59-96.13. Restriction of chapter.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 1987 to 1995 make up this section.

CHAPTER 3.

Municipal Public Works.

Article 2. Article 19.

Commissioners of Public Works Generally, Berkeley County Waterworks Commission,

§ 59-172.1. § 59-591.

Article 2.
Commissioners of Public Works Generally.

§ 59-172.1. Election and term in Forest Acres.

Three commissioners of public works shall be elected at the election to be held
in the town of Forest Acres on the second Tuesday in June in every odd-numbered
year for a mayor and four councilmen as provided by § 47-317.1. Each such com-
missioner shall serve for a term of two years or until his successor shall have been
elected and qualified.

1952 (47) 2023.

§ 59-174. No such commissioners in certain municipalities.

In the cities and towns of Abbeville, Barnwell, Belton, Bennettsville, Branch-
ville, Camden, Cherazv, Chester, Clinton, Clio, Clover, Conway, Cowpens, Denmark,
Dillon, Donalds, Due West, Edgefield, Estill, Fairfax, Fort Mill, Fountain Inn,
Georgetown, Heath Springs, Honca Path, Kingstree, Lake City, Lamar, Lancaster,
Landrum, Latta, Lexington, Loris, Marion, McColl, Myrtle Beach, Newberry,
North Augusta, Orangeburg, Pickens, Prosperity, Rock Hill, St. George, Salley,
Simpsonville, Springfield, Sumter, Swansea, Timmonsville, Walhalla, Walterboro,
West Greenville and West Union there shall be no board of commissioners of public
works but in said cities and towns the duties, powers and responsibilities vested
in such boards in other cities and towns shall be vested in the respective city or
town councils of such cites or towns except that (a) in the cities of Marion, Myrtle
Beach and Newberry and in the town of Land rum they shall be vested in the mayor
and aldermen, (b) in the city of Rock Hill and in the towns of Bennettsville,
Branchville, Clio, Clover, Dillon, Due West, Kingstree, Lancaster, North Augusta,
Prosperity, Salley, Walholla and West Union they shall be vested in the mayor
and city or town council or in the intendant and wardens, as the case may be, and
(c) in the town of Pickens they shall be vested in the town council and the sinking
fund commission of the town.

1952 (47) 2076.

Article 9.

Revenue Bond Act for Utilities.

§ 59-361. "Borrower" defined.

Cited. Welling v. Clinton Newberrv Nat- 71 S. E. (2d) 7, (1952).
ural Gas Authority, et al, 221 S. C. 417;

§ 59-366. Joint projects.

Applied. Welling v. Clinton Newberry 71 S. E. (2d) 7, (1952).
Natural Gas Authority, et al, 221 S. C. 417;

§ 59-591 1952 Supplement 232

Article 19.
Berkeley County Waterworks Commission.

§ 59-591. Appointment; terms; vacancy.

The Berkeley County Waterworks Commission shall consist of five qualified
electors of Berkeley County who are not at the time of their appointment office-
holders of Berkeley County. The members shall be appointed by the Governor for
terms of five years upon the recommendation of a majority of the county legislative
delegation. The terms of members first appointed shall be staggered so that the
term of one member shall expire each year. Vacancies in the commission shall be
filled in the same manner as the original appointment and the appointment shall be
for the unexpired term.

1952 (47) 2030.

§ 59-592. Chairman; pay; employment.

The members of the commission shall elect one of their number as chairman. The
members of the commission, including the chairman, shall receive compensation
for their services as annually provided in the county supply act. No member of
the commission shall be appointed to any office or shall be eligible for any employ-
ment in connection with the operation or management of any facility under the
control of the commission.

1952 (47) 2030.

§ 59-593. Operate waterworks system.

The commission may acquire, by construction or purchase, and operate water-
works systems and furnish water to individuals, firms or corporations for reason-
able compensation. The commission shall have full control and management of
waterworks systems acquired by it. If the commission decides to purchase or con-
struct a waterworks system, or to improve one which it has acquired, it shall have
an estimate made of the costs of acquisition or improvement and may issue revenue
bonds in the amount of such costs. The proceeds of the operation of such water-
works systems shall be pledged and applied to the payment of the principal and
interest of the revenue bonds issued.

1952 (47) 2030.

§ 59-594. Acquisition of property.

For the purpose of acquiring, establishing or improving waterworks provided
for in this article, the commission may condemn lands, water rights, water privileges
or other property necessary or desirable for the purpose of the waterworks system,
but just compensation must first be paid to the owner of such property rights or
privileges. The condemnation proceedings shall be instituted by the commission
and shall be conducted in the same manner as condemnation proceedings instituted
by the South Carolina State Highway Department. The commission also may enter
upon and condemn lands and tenements for the purpose of protecting the water
sheds and water supplies from contamination, nuisances or any conditions which
may be a menace to the public health. In lieu of condemning such lands, property,
water rights, water privileges and other property the commission may purchase
them by agreement with the owner thereof at the fair market value thereof.

1952 (47) 2030.

233 Code of Laws of South Carolina, 1952 § 60-5

CHAPTER 4.
District for Certain Public Works.

§ 59-609.1. Same; special provision for commissioners in counties between
41,000 and 43,000, 1950 census.

In counties having a population between forty-one thousand and forty-three
thousand according to the 1950 census, such boards of commissioners may provide
water, sewerage and fire protection to citizens outside of such districts in those
counties or adjacent counties and charge such rates therefor as they may fix which
may be more but not less than the rates charged citizens of such districts for
similar services and facilities.

1952 (47) 2026.

CHAPTER 5.

The Revenue Bond Refinancing Act of 1937.
§ 59-651. Short title.

Cited. Welling v. Clinton Newberry Nat- S. E. (2d) 7, (1952).
ural Gas Authority, et al, 221 S. C. 417; 71

§ 59-656. Terms and form of refunding bond3.

The refunding bonds may be issued in one or more series, may bear such date
or dates, may mature at such time or times, not exceeding the period of usefulness
of the enterprise, as determined by the governing body in its discretion, nor in any
event exceeding forty years from their respective dates, may bear such rate or
rates of interest as the governing body shall determine, may be in such denomina-
tion or denominations, may be in such form, either coupon or registered, may
carry such registration and conversion privileges, may be executed in such manner,
may be payable in such medium of payment, at such place or places, may be sub-
ject to such terms of redemption, with or without a premium, may be declared or
become due before the maturity date thereof, may provide for the replacement of
mutilated, destroyed, stolen or lost bonds, may be authenticated in such manner and
upon compliance with such conditions and may contain such other terms and
covenants as may be provided by resolution or resolutions of the governing body
of the municipality. Not withstanding the form or tenor thereof, and in the absence
of an express recital on the face thereof that the bond is non-negotiable, all re-
funding bonds shall at all times be, and shall be treated as, negotiable instruments
for all purposes.

1952 (47) 1715.

Title 60.

Registration and Recordation.

CHAPTER 1.
Registers of Mesne Conveyances.

§ 60-5. Vacancies in Charleston and Greenville Counties.

Cited. McDonald, et al v. Welborn, et al, 220 S. C. 10; 66 S. E. (2d) 327, (1951).

§ 60-51 1952 Supplement 234

CHAPTER 2.
Recording .Generally.
§ 60-51. Affidavit prerequisite for recording.

Applied as to acknowledgment of chattel 8.24, (1950).
mortgage being defective. Seale Motor Co., Cited. Teal, et al v. Welborn, et al, 220

Inc. v. Stone, 218 S. C. 373; 62 S. E. (2d) S. C. 10; 66 S. E. (2d) 327, (1951).

CHAPTER 9.

Veterans' Discharges.
§ 60-404. Same ; special provisions for Chesterfield County.

The clerk of court of Chesterfield County shall, upon the request of a veteran,
have the armed forces discharge of veterans of World War II and the Korean
War photostated and record such photostatic copy in a proper record book. The
cost of such photostatic copies in Chesterfield County shall be paid upon warrant
of the governing body of the county out of the general funds of the county.

1952 (47) 1695.

Title 61.

Retirement Systems.

Chapter 1. South Carolina Retirement System, § 61-33.
6. Miscellaneous Local Provisions, § 61-601.

CHAPTER 1.
South Carolina Retirement System.

Article 3. Article 4.

Membership in System, § 61-33. Creditable Service, § 61-51.

Article 3.

Membership in System.

§ 61-33. Employment between April 26 1945 and December 31 1952.

All persons who were teachers or State, county, or municipal employees on
April 26 1945, or who become such after said date but on or before December 31
1952, except those specifically excluded under § 61-35 and the persons permitted
to exercise an option under §§ 61-39 to 61-41, shall become members as of July 1
1945, or as of the date of last employment, if later, unless on or before December
31 1948 they filed with the Board on a form prescribed by the Board a notice of
their election not to be covered in the membership of the System and a duly ex-
ecuted waiver of all present and prospective benefits which would otherwise inure
to them on account of their participation in the System.

1952 (47) 2094.

Article 4.

Creditable Service.

§ 61-51. Claims for prior service.

Under rules and regulations adopted by the Board, each member who was a
teacher or employee at any time prior to July 1 1945 and who becomes a member
on or before December 31 1952 shall file a detailed statement of all service as a
teacher or employee rendered by him prior to July 1 1945 for which he claims
credit.

1952 (47) 2094.

235 Code of Laws of South Carolina, 1952 § 65-9

CHAPTER 3.
Insurance and Annuity Benefits of Peace Officers.
§ 61-321. Disbursements; Board's decision final.

The board has no power to alter a judg- Commissioners of Police Ins., 221 S. C. 23;
ment of the court. Johnson v. Board of 68 S. E. (2d) 629, (1952).

CHAPTER 6.
Miscellaneous Local Provisions.

§ 61-601. Retirement of certain officers of Jasper County.
Repealed by 1952 A. & J. R. (47 St. at L.) p 2033.

Title 64.
Sunday, Holidays and Other Special Days.

CHAPTER 1.
Sundays.
§ 64-1. Public sports prohibited on Sunday.

Holding of stock car meet or race on op, et al v. Hanna, Sheriff, et al, 218 S. C.
Sunday is prohibited by this section. Bish- 474; 63 S. E. (2d) 308, (1951).

§ 64-2. Penalty for working on Sunday.

Cited. Bishop et al. v. Hanna, Sheriff, (1951).
et al, 218 S. C. 474; 63 S. E. (2d) 308,

Title 65.
Taxation.

Chapter 1. General Provisions, § 65-8.

10. Certain Stamp and Certain Business License Taxes, § 65-753.

15. Retail License, Sales and Use Taxes, § 65-1404.

16. The Assessment of Property Taxes, § 65-1508.
23. Local Provisions, § 65-3416.1.

CHAPTER 1.

General Provisions.

§ 65-8. Use of business license meter impressions in lieu of revenue stamps.

The use of business license meter impressions in lieu of revenue stamps on ciga-
rettes or other commodities required by law to carry State revenue stamps may be
permitted in the discretion of the Tax Commission, but any such article upon
which such meter impression is illegible or in the opinion of the Commission un-
satisfactory shall be subject to confiscation by the Commission.

1952 (47) 1731.

§ 65-9. Tax exempt status of public bonds, notes and certificates of indebted-
ness.

The term "bonds" as used herein shall apply to general obligation bonds and
bonds payable wholly or in part from any special fund or from the revenues of
any project or undertaking of the issurer.

§ 65-9 1952 Supplement 236

Both the principal and interest of all bonds, notes and certificates of indebtedness,
heretofore or hereafter issued, by or on behalf of the United States Government
and by or on behalf of this State, and any authority, agency, department or institu-
tion of this State, and all counties, school districts, municipalities, divisions and
subdivisions of this State, and all agencies thereof, shall be exempt from all State,
county, municipal, school district and all other taxes or assessments, direct or in-
direct, general or special, and whether imposed for the purpose of general revenue
or otherwise, and this exemption shall extend to all recipients of all interest paid
thereon whether paid directly, or paid indirectly through a trustee, guardian or
other fiduciary, except inheritance, estate or transfer taxes.

The provisions of this section except as to obligations issued by or on behalf
of the United States Government shall be deemed an obligation of the contract
made between the issuer of the bonds, notes and certificates of indebtedness, the
purchasers thereof, and all holders thereof.

1952 (47) 1878.

CHAPTER 5.
Income Tax of 1926.

Article 4.
Gross and Net Income; Deductions.
§ 65-251. Gross income denned.

Applied. Wilson v. S. C. Tax Commis- (1951).
sion, 220 S. C. 171; 66 S. E. (2d) 698,

§ 65-259. Deductions.

Amount of bad debt or claim should be wan Fertilizer Co. v. South Carolina Tax
actually determined before the taxpayer's Commission, 217 S. C. 354; 60 S. E. (2d)
books are closed for the taxable year. Eti- 682, (1950).

Article 5.
Gain or Loss and Basis Therefor.

§ 65-275. No gain or loss on corporate reorganizations generally.

Applied. Wilson v. S. C. Tax Commis- (1951).
sion, 220 S. C. 171; 66 S. E. (2d) 698,

CHAPTER 10.

Certain Stamp and Certain Business License Taxes.

Article 5.
Soft Drinks Tax, § 65-753.

Article 2.
Documentary Stamp Tax.
§ 65-688. Notes, mortgages; assignments of wages, etc.

Obligations issued without the State not Co. v. Pinckney, et al, 217 S. C. 407; 60
taxable hereunder. S. C. Electric & Gas S. E. (2d) 851, (1950).

Article 3.

Tobacco, Ammunition and Playing Cards.

§ 65-701. Imposition of tax.

Cited. State of S. C. Ex Rel. Roddey v. S. E. (2d) 33, (1951).
Byrnes, Governor, et al, 219 S. C. 485; 66

237 Code of Laws op South Carolina, 1952 § 65-1421

Article 5.
Soft Drinks Tax.
§ 65-753. Definitions.

For the purpose of this chapter the word "syrup" shall be denned as being
the compound mixture or basic ingredients used in the making, mixing or com-
pounding of soft drinks at soda fountains by the mixing with it of water, ice, fruits,
milk or any other product suitable to make a complete soft drink, among such
syrups being such products as coca-cola syrup, chero-cola syrup, lemon syrup,
vanilla syrup, chocolate syrup, rock candy syrup, simple syrup, nu-grape syrup,
cherry smash syrup and all prepared syrups sold for the purpose of mixing soft
drinks at soda fountains.

The word "bottle" or "bottles" as used in this article shall mean in every in-
stance any closed container whatsoever.

The phrase "bottled drinks" as used in this article shall mean in every instance
soft drinks in any closed container whatsoever.

1952 (47) 1731.

§ 65-765. Exemption of certain pure fruit and vegetable juices.

*****

The addition thereto of sugar and vitamins to canned natural fruit juices shall
not render such juices taxable.
1952 (47) 1731.

CHAPTER 12.

Gasoline Tax

Article 3.
Tax on Stored Gasoline.
§ 65-1081. Imposition.

Cited. State of S. C. Ex Rel. Roddey v. S. E. (2d) 33. (1951).
Byrnes, Governor, et al, 219 S. C. 4S5; 66

CHAPTER 15.
Retail License, Sales and Use Taxes.

Article 3.
Sales Tax.
§ 65-1401. Imposition of tax.

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951).
Roddey v. Byrnes, Governor, et al, 219 S.

§ 65-1404. Exemptions.

*****

(3) The gross proceeds of sales of all livestock, baby chicks and poults by whom-
soever sold.
1952 (47) 1999.

Article 4.

Use Tax.
§ 65-1421. Imposition of tax.

Constitutional. State of S. C. Ex Rel. C. 485; 66 S. E. (2d) 33, (1951).
Roddey v. Byrnes, Governor, et al, 219 S.

§ 65-1508 1952 Supplement 238

CHAPTER 16.

The Assessment of Property Taxes.

Article 1. Article 9.

General Provisions, § 65-1508. Township and Special Boards of Assessors,

Article 2. § 65-1802.

Property Taxable; Exemptions, § 65-1522. Article 9.1.

Article 3. Boards of Assessors and Equalization in

Liability for Taxes; Returns Generally, McCormick and Saluda Counties,

§ 65-1642.1. § 65-1857.1.

Article 8. Article 10.

County Auditors, § 65-1746.1. County Boards of Equalization and Similar

Boards, § 65-1865.1.
Article 1.

General Provisions.
§ 65-1508. Same; school districts tax districts in certain counties.

In Abbeville, Darlington, Florence and Nezvberry Counties each school district
shall constitute a tax district.
1952 (47) 1976.

Article 2.

Property Taxable; Exemptions.

§ 65-1522. General exemptions from taxes.

*****

(11). Certain motor vehicles of disabled veterans.

All personal motor vehicles owned by any disabled veteran for which a special
license tag has been issued by the State Highway Department under the provisions
of § 46-61 shall be exempt from State, county and municipal taxes.

1952 (47) 2148.

§ 65-1523. Specific property exempt from taxation.

*****

(67) Alcoholics Anonymous.

The property owned and used by Alcoholics Anonymous, an eleemosynary cor-
poration, located at 2013 College Street in the city of Columbia shall be exempted
from the payment of all county, school and municipal taxes so long as the prop-
erty is used for charitable purposes and is not operated for profit. In the event
the property is used for profit, by sale, lease or otherwise, or shall be deeded to any
person, or shall cease to be used for charitable purposes, then it shall cease to be
tax exempted.

19S2 (47) 2027.

Article 3.

Liability for Taxes; Return Generally

§ 65-1642.1. Same ; exception for Marlboro County.

Returns of property in Marlboro County may be made upon a special form fur-
nished by the county through its county board of tax assessors and approved by the
Comptroller General.

1952 (47) 19S0.

§ 65-1644.1. Mailing and preparing of tax returns in Marlboro County.

The board of tax assessors for Marlboro County may mail to all property owners,
agents, executors or administrators special forms of returns. Such return shall be
prepared by each receiver and signed before a notary public or the county auditor

239 Code of Laws of South Carolina, 1952 § 65-1809.1

and must be mailed to the board of assessors within a stated time following the
receipt of same. When any such receiver fails to mail the form completed so far
as is possible, to the board of tax assessors within the stated time following the
receipt of same the county auditor shall add an amount equal to twenty per cent
of the assessment made by the board of assessors as a penalty which shall be
collected along with the normal assessments. The penalty prescribed shall only
apply to the years in which any such receiver fails or refuses to mail the required
form.

1952 (47) 1942.

Article 8.

County Auditors.

§ 65-1746.1. Same ; commencement of term and vacancy in Sumter County.

In Sumter County the term of office of the county auditor shall be for four years
from January first, after date of election. All special appointments shall be for the
remainder of the unexpired term.

1952 (47) 1937.

Article 9.

Tozvnship and Special Boards of Assessors.

§ 65-1802. Appointment in Newberry and Pickens Counties.

Notwithstanding the provisions of § 65-1801 in Pickens County the township
and town boards of assessors and in Nezvberry County the tax district and town
boards of assessors shall be appointed by the county auditor.

1952 (47) 1976.
§ 65-1803. Special provisions for Abbeville and Richland Counties.

In Abbeville County and in Richland County outside of thecity of Columbia the
boards of assessors for the various tax districts shall consist of the boards of trus-
tees for the respective school districts.

1952 (47) 2024.
§ 65-1806. Aiken County.

In Aiken County there shall be appointed the following boards of assessors, to
be composed of the number of members indicated : city of Aiken, three members ;
from the area embraced in rural Aiken School District No. 1 on June 30 1952,
nine members ; from the area embraced in Ellenton School District No. 2 on
June 30 1952, three members; from the area embraced in Gregg School District
No. 3 on June 30 1952, four members ; from the area embraced in Langley-Bath-
Clearwater School District No. 4 on June 30 1952, five members; from the area
embraced in Monetta School District No. 5 on June 30 1952, five members ; from
the city of North Augusta, three members ; from the area embraced in rural North
Augusta School District No. 6 on June 30 1952, five members; from the area em-
braced in Salley School District No. 7 on June 30 1952, four members ; from the
area embraced in Wagener School District No. 8 on June 30 1952, seven members;
and from the area embraced in Windsor School District No. 9 on June 30 1952,
three members.

1952 (47) 1924.
§ 65-1809.1. Darlington County.

The Darlington County board of advisors shall appoint a board of tax assessors
for each school attendance area in the countv. Each board of assessors shall consist

§ 65-1809.1 1952 Supplement 240

of as many members as the board of advisors may determine, and the members
thereof shall serve at the pleasure of the board. Vacancies, if filled, shall be filled
in the same manner as original appointments. Each board shall meet within two
weeks after its appointment and shall organize by electing one of the members as
chairman. Each board shall have the powers and duties of tax assessors generally.
1952 (47) 2024.

§ 65-1828. Berkeley County board of assessors.

The board of tax assessors for Berkeley County shall be composed of one mem-
ber from each of the following areas which shall constitute tax assessment areas
or districts for Berkeley County : one from St. Thomas and St. Dennis which
constitute old School Districts Nos. 1 and lj£; one from St. James Santee which
constitute old School Districts Nos. 2 and 2 l / 2 ; one from 2nd St. Stephens which
constitute old School Districts Nos. Z l / 2 , 4, A l / 2 , 5 and 5j^; one from 1st St.
Stephens which constitute old School Districts Nos. 6 and 7; one from 1st St.
Johns which constitute old School Districts Nos. 8, 9 and 10; one from 2nd St.
Johns which constitute old School Districts Nos. 11, 12, 13, 14 and 15; one from
1st Goose Creek which constitute old School Districts Nos. 16, 17 and 19; one
from 2nd Goose Creek which constitute old School Districts Nos. 22, 23, 24 and
25 and one from Hanahan which constitutes old School District No. 26. The mem-
bers shall be appointed by the Governor upon the recommendation of a majority
of the county legislative delegation. The members of the board shall hold office for
a term of two years from the date of their respective appointments. Any vacancy
occurring on the board shall be filled for the unexpired term in the manner herein
provided for the full term.

1952 (47) 2029.
§ 65-1832. County board of tax assessors for Marlboro County.

In Marlboro County the duties relative to the valuation, assessment and return
of properties for taxation are devolved upon a board to be known as the county
board of tax assessors, which shall be composed of five members, all of whom
shall be qualified electors, as follows : one member from each of the school ad-
ministrative areas in the county and, if there should be less than five such school
administrative areas, there shall be one member from each of such areas and the
remainder from the county at large. The board of tax assessors shall be appointed
by the Governor upon recommendation of a majority of the county legislative
delegation, including the Senator, and shall serve for a term of four years.

1952 (47) 1943.
§ 65-1836. Horry County board of assessors.

In Horry County the duties relative to the valuation, assessment and return of
properties for taxation are devolved upon a board to be known as the county
board of tax assessors, which shall be composed of twelve members as follows :
one member from each township in the county and one additional member from
the county at large. The board shall be appointed by the county auditor and shall
serve for a term of four years.

1952 (47) 2153.
§ 65-1837. Same; executive secretary; assistant assessors.

The board shall appoint an executive secretary whose term of office shall be four
years beginning March 23 1952. He shall also be the deputy auditor and shall have

241 Code of Laws of South Carolina, 1952 § 65-1865.2

other powers and duties as prescribed by the board. The records of the county
board of assessors and of its secretary shall constitute a part of the auditor's
records. The board shall appoint assistant tax assessors in the number and for
the length of service as is provided in the annual supply act. The expenses of
the board, the executive secretary and the assistant tax assessors shall be such as
are provided in the annual supply act for Horry County.
19S2 (47) 2153.

Article 9.1

Boards of Assessors and Equalisation in McCormick and Saluda Counties-

§ 65-1857.1. Appointment; term.

The auditor, treasurer and superintendent of education of McCormick County
and the auditor, treasurer and foreman of the grand jury of Saluda County shall
appoint and name a county board of assessors and equalization to consist of ten
taxpayers from their respective counties and who shall serve for one year and
shall be appointed during the month of March of each year. The board shall be
selected so that each section of the county shall have representation thereon.

1952 (47) 1714, 2004.

§ 65-1857.2. Pay.

Each member of the board shall receive the sum of fifty dollars per year for
his services rendered in the capacity of tax assessor for the county.

1952 (47) 1714, 2004.
§ 65-1857.3. Oath.

Before assuming their duties as members of the board, each member shall take an
oath that he will fairly and impartially assess and equalize property values for
the purpose of taxation, which said oath shall be filed in the office of the clerk of
court for the county.

1952 (47) 1714, 2004.
§ 65-1857.4. Duties.

The board shall also look after the valuation, assessment and return of property
for taxation in the county. The board shall fairly and justly equalize all of the
property of the county for taxes as provided under the general law of this State
and make every effort to see that all property is properly assessed for the purpose
of taxation.

1952 (47) 1714, 2004.

Article 10

County Boards oj Equalisation and Similar Boards.

§ 65-1865.1. Darlington County.

The chairmen of the four area boards of tax assessors of Darlington County,
together with another person who shall be elected by the four area chairmen, shall
constitute the board of tax equalization for Darlington County. The member elected
by the four area chairmen shall serve as chairman of the board of ^equalization.
The board of equalization shall serve as an appeal board to hear and determine
appeals from the assessments of property in the county.

1952 (47) 2024.
§ 65-1865.2. District boards for Florence County.

There is hereby established in each of the four school districts of Florence County
a district board of equalization. Each board shall consist of fifteen members who

§ 65-1865.2 1952 Supplement 242

shall be appointed by the Governor for terms of four years upon the recommenda-
tion of a majority of the county legislative delegation, including the Senator. Each
board shall elect a chairman and a secretary and the boards shall meet at the times
and places designated by the county auditor. Such boards shall be in addition to
the equalization boards for the city of Florence and the town of Lake City as pro-
vided for in § 65-1867.
1952 (47) 1901.

§ 65-1865.3. Florence County board of equalization.

There is hereby established a board of equalization for Florence County which
shall be composed of the chairmen of the four district boards of equalization to-
gether with the chairman of the city of Florence equalization board and the chair-
man of the Lake City equalization board. Such board shall hear appeals from the
district boards and may modify, reverse or alter assessments by the district boards.
1952 (47) 1901.

CHAPTER 19.
Erroneous Assessments and Payments.

Article 2.
Payment Under Protest and Recovery.
§ 65-2661. Payment of tax under protest.

Cited. Jenkins v. S. C. Tax Commission, Wilson v. S. C. Tax Commission, 220 S. C.
219 S. C. 260; 64 S. E. (2d) 883, (1951); 171; 66 S. E. (2d) 698, (1951).

CHAPTER 23.
Local Provisions.

Article 5.1.
Sullivan's Island, Charleston County.
§ 65-3416.1. Tax levy.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2033 and 2034 make up this section.

§ 65-3416.2. Levy and collecion.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2033 and 2034 make up this section.

§ 65-3416.3. Use of receipts.

Provisions from 1952 A. & J. R. (47 St. at L.) pp 2033 and 2034 make up this section.

Title 66.
Trade and Commerce.

Chapter 4. Labels, Trademarks, Etc., § 66-201.

6. Gasoline, Liquefied Petroleum Gas, Lubricating Oils, Etc., § 66-431.

CHAPTER 4.

Labels, Trademarks, Etc.
Article 1. Article 4.

Generally, § 66-201. Registration and Protection of Trade-

marks, § 66-251.

243 Code of Laws of South Carolina, 1952 § 66-251

Article 1.
Generally.

§ 66-201. Unlawful to imitate or counterfeit labels, etc.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853.

§ 66.202. Labels, etc., to be recorded with Secretary of State.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853.

§ 66-203. Advertisement and certificate of Secretary of State.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853.

§ 66-204. Secretary not to record misleading label, etc.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853.

§ 66-206. Fraudulent registration of labels, etc. ; liability for damages.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853.

§ 66-207. Penalty for use of counterfeit or imitation label.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853.

§ 66-208. Unlawful use of labels, etc., may be enjoined.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853.

§ 66-209. Unlawful use of seal.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1S45 to 1853.

§ 66-210, Defense of prior ownership.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853.

§ 66-211. Suits by unincorporated associations.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853.

§ 66-212. Jurisdiction of courts.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853.

§ 66-213. Certain sections not to affect previously granted trademarks.

Repealed by 1952 A. & J. R. (47 St. at L.) pp 1845 to 1853.

Article 4.
Registration and Protection of Trade-marks.

§ 66-251. Definitions.

( 1 ) The term "trade-mark" as used herein means any word, name, symbol,
or device or any combination thereof adopted and used by a person to identify
goods made or sold by him and to distinguish them from goods made or sold by
others.

(2) The term "person" as used herein means any individual, firm, partner-
ship, corporation, association, union or other organization.

(3) The term "applicant" as used herein embraces the person filing an applica-
tion reregistration of a trade-mark under this article, his legal representatives, suc-
cessors or assigns.

(4) The term "registrant" as used herein embraces the person to whom the
registration of a trade-mark under this article is issued, his legal representatives,
successors or assigns.

(5) For the purposes of this article, a trade-mark shall be deemed to be "used"
in this State when it is placed in any manner on the goods or their containers or

§ 66-251 1952 Supplement 244

on the tags or labels affixed thereto and such goods are sold or otherwise dis-
tributed in this State.
1952 (47) 1S4S.

§ 66-252. Classes of goods.

The following general classes of goods are established for convenience of ad-
ministration of this article, but not to limit or extend the applicant's or registrant's
rights, to wit :

( 1 ) Raw or partly prepared materials

(2) Receptacles

(3) Baggage, animal equipments, portfolio, and pocketbooks

(4) Abrasives and polishing materials

(5) Adhesives

(6) Chemicals and chemical compositions

(7) Cordage

(8) Smokers' articles, not including tobacco products

(9) Explosives, firearms, equipments, and projectiles

(10) Fertilizers

(11) Inks and inking materials

(12) Construction materials

(13) Hardware and plumbing and steam-fitting supplies

(14) Metals and metal castings and forgings

(15) Oils and greases

(16) Paints and painters' materials

(17) Tobacco products

(18) Medicines and pharmaceutical preparations

(19) Vehicles

(20) Linoleum and oiled cloth

(21) Electrical apparatus, machines, and supplies

(22) Games, toys and sporting goods

(23) Cutlery, machinery, and tools, and parts thereof

(24) Laundry appliances and machines

(25) Locks and safes

(26) Measuring and scientific appliances

(27) Horological instruments

(28) Jewelry and precious metalware

(29) Brooms, brushes, and dusters

(30) Crockery, earthenware, and porcelain

(31 ) Filters and refrigerators

(32) Furniture and upholstery

(33) Glassware

(34) Heating, lighting, and ventilating apparatus

(35) Belting, hose, machinery packing, and non-metallic tires

(36) Musical instruments and supplies

(37) Paper and stationery

(38) Prints and publications

(39) Clothing

(40) Fancy goods, furnishings, and notions

245 Code of Laws of South Carolina, 1952 § 66-255

(41) Canes, parasols, and umbrellas

(42) Knitted, netted and textile fabrics, and substitutes therefor

(43) Thread and yarn

(44) Dental, medical, and surgical appliances

(45) Soft drinks and carbonated waters

(46) Foods and ingredients of foods

(47) Wines

(48) Malt beverages and liquors

(49) Distilled alcoholic liquors

(50) Merchandise not otherwise classified

(51) Cosmetics and toilet preparations

(52) Detergents and soaps
1952 (47) 1845.

§ 66-253. Application for registration; specimen.

Subject to the limitations set forth in this article, any person who adopts and
uses a trade-mark in this State may file in the office of the Secretary of State,
on a form to be furnished by the Secretary of State, an application for registration
of that trade-mark setting forth, but not limited to, the following information :

( 1 ) the name and business address of the person applying for such registration •
and, if a corporation, the state of incorporation,

(2) the goods in connection with which the mark is used and the mode or
manner in which the mark is used in connection with such goods and the class
in which such goods fall,

(3) the date when the trade-mark was first used anywhere and the date when
it was first used in this State by the applicant or his predecessor in business, and

(4) a statement that the applicant is the owner of the trade-mark and that no
other person has the right to use such trade-mark in this State either in the
identical form thereof or in such near resemblance thereto as might be calculated
to deceive or to be mistaken therefor,

(5) a statement that no other person has a registration of the same or a similar
trade-mark in the United States patent office for the same or similar goods or
a statement that applicant is the owner of a concurrent registration in the United
States patent office of his trade-mark covering an area including this State.

The application shall (a) be signed and verified by the applicant or by a mem-
ber of the firm or an officer of the corporation or association applying, (b) ac-
companied by a specimen or facsimile of such trade-mark in triplicate and (c)
accompanied by a filing fee of fifteen dollars payable to the Secretary of State.

1952 (47) 1845.
§ 66-254. Same ; single application confined to goods in one class.

A single application for registration of a trade-mark may include any or all
goods upon which the trade-mark is actually being used, comprised in a single
class, but in no event shall a single application include goods upon which the
trade-mark is being used which fall within different classes of goods.

1952 (47) 1845.

§ 66-255. Issuance of certificate of registration.

Upon compliance by the applicant with the requirements of this article the
Secretarv of State shall cause a certificate of registration to be issued and delivered

§ 66-255 1952 Supplement 246

to the applicant. The certificate of registration shall be issued under the signature
of the Secretary of State and the seal of the State, and it shall show the name and
business address and, if a corporation, the state of incorporation, of the person
claiming ownership of the trade-mark, the date claimed for the first use of the
trade-mark anywhere and the date claimed for the first use of the trade-mark in
this State, the class of goods and a description of the goods on which the trade-
mark is used, a reproduction of the trade-mark, the registration date and the term
of the registration.
1952 (47) 1845.

§ 66-256. Term of registration; renewals.

Registration of a trade-mark hereunder shall be effective for a term of ten
years from the date of registration and, upon application filed within six months
prior to the expiration of such term, on a form to be furnished by the Secretary
of State, the registration may be renewed for a like term. A renewal fee of five
dollars payable to the Secretary of State shall accompany the application for
renewal of the registration. A registration may be renewed for successive periods of
ten years in like manner.

1952 (47) 1845.

§ 66-257. Expiration of current registrations; renewal.

Any registration in force on February 14 1952 shall expire ten years from the
date of the registration or of the last renewal thereof or one year after February
14 1952, whichever is later, and may be renewed by filing an application with the
Secretary of State on a form furnished by him and paying the aforementioned
renewal fee therefor within six months prior to the expiration of the registration.

1952 (47) 1845.

§ 66-258. Secretary of State give notice of necessity of renewal.

The Secretary of State shall notify registrants of trade-marks hereunder of the
necessity of renewal within the year next preceding the expiration of the ten
years from the date of registration by writing to the last known address of the
registrants.

1952 (47) 1845.

§ 66-259. Cancellation.

The Secretary of State shall cancel from the register :

(1 ) after one year from February 14 1952, all registrations under prior statutes
which are more than ten years old and not renewed in accordance with this article ;

(2) any registration concerning which the Secretary of State shall receive a
voluntary request for cancellation thereof from the registrant or the assignee of
record ;

(3) all registrations granted under this article and not renewed in accordance
with the provisions hereof;

(4) any registration concerning which a court of competent jurisdiction shall
find

(a) that the registered trade-mark has been abandoned,

(b) that the registrant is not the owner of the trade-mark,

(d ) that the registration was obtained fraudulently,

247 Code of Laws of South Carolina, 1952 § 66-261

(e) that the registered trade-mark is so similar, as to be likely to cause con-
fusion or mistake or to deceive, to a trade-mark registered by another person
in the United States patent office, prior to the date of the filing of the application
for registration by the registrant hereunder, and not abandoned ; provided, how-
ever, that should the registrant prove that he is the owner of a concurrent
registration of his trade-mark in the United States patent office covering in area
including this State, the registration hereunder shall not be cancelled.

(5) when a court of competent jurisdiction shall order cancellation of a registra-
tion on any ground.

1952 (47) 184S.

§ 66-260. Assignment of registered trade-marks ; fee.

Any trade-mark and its registration hereunder shall be assignable with the
good will of the business in which the trade-mark is used, or with that part of
the good will of the business connected with the use of and symbolized by the
trade-mark. Assignment shall be by instruments in writing duly executed and
may be recorded with the Secretary of State upon the payment of a fee of three
dollars payable to the Secretary of State who, upon recording of the assignment,
shall issue in the name of the assignee a new certificate for the remainder of
the term of the registration or of the last renewal thereof. An assignment of any
registration under this article shall be void as against any subsequent purchaser for
valuable consideration without notice unless it is recorded with the Secretary of
State within three months after the date thereof or prior to such subsequent pur-
chase.

1952 (47) 1845.

§ 66-261. Trade-marks not register.

A trade-mark by which the goods of any applicant for registration may be
distinguished from the goods of others shall not be registered if it

(1) consists of or comprises immoral, deceptive or scandalous matter;

(2) consists of or comprises matter which may disparage or falsely suggest
a connection with persons, living or dead, institutions, beliefs, or national symbols,
or bring them into contempt, or disrepute ;

(3) consists of or comprises the flag or coat of arms or other insignia of the
United States, or of any state or municipality, or of any foreign nation, or any
simulation thereof ;

(4) consists of or comprises the name, signature or portrait of any living in-
dividual, except with his written consent ;

(5) consists of a mark which, (a) when applied to the goods of the applicant,
is merely descriptive or deceptively misdescriptive of them, (b) when applied to the
goods of the applicant is primarily geographically descriptive or deceptively mis-
descriptive of them, or (c) is primarily merely a surname;

(6) consists of or comprises a trade-mark which so resembles a trade-mark
registered in this State or a trade-mark or trade name previously used in this
State by another and not abandoned, as to be likely, when applied to the goods
of the applicant, to cause confusion or mistake or to deceive ; or

(7) consists of or comprises a trade-mark which so resembles a trade-mark
registered in the United States patent office by another and not abandoned, as
to be likely, when applied to the goods of the applicant, to cause confusion or

§ 66-261 1952 Supplement 248

mistake or to deceive, provided, however, that should applicant prove that he is
the owner of a concurrent registration in the United States patent office of his
trade-mark covering an area including this State, applicant may register his trade-
mark hereunder.

1952 (47) 1845.
§ 66-262. Civil liability for fraudulent registration.

Any person who shall for himself, or on behalf of any other person, procure
the filing or registration of any trade-mark in the office of the Secretary of State
under the provisions hereof, by knowingly making any false or fraudulent repre-
sentation or declaration, verbally or in writing, or by any other fraudulent means,
shall be liable to pay all damages sustained in consequence of such filing or registra-
tion, to be recovered by or on behalf of the party injured thereby in any court of
competent jurisdiction.

1952 (47) 1845.
§ 66-263. Civil liability for certain uses or imitation of registered trade-mark.

Subject to the provisions of § 66-266 any person who shall

( 1 ) use, without the consent of the registrant, any reproduction, counterfeit,
copy, or colorable imitation of a trade-mark registered under this act in con-
nection with the sale, offering for sale, or advertising of any goods on or in
connection with which such use is likely to cause confusion or mistake or to
deceive as to the source of origin of such goods ; or

(2) reproduce, counterfeit, copy or colorably imitate any such trade-mark and
apply such reproduction, counterfeit, copy or colorable imitation to labels, signs,
prints, packages, wrappers, receptacles, or advertisements intended to be used
upon or in conjunction with the sale or other distribution in this State of such

shall be liable to a civil action by the owner of such registered trade-mark for
any or all of the remedies provided in § 66-265, except that under subdivision (2)
hereof the registrant shall not be entitled to recover profits or damages unless
the acts have been committed with knowledge that such trade-mark is intended to
be used to cause confusion or mistake or to deceive.
1952 (47) 1845.

§ 66-264. Records public.

The Secretary of State shall keep for public examination a record of all trade-
marks registered or renewed under this article.

1952 (47) 1S45.

§ 66-235. Owner may enjoin manufacture, use, display or sale of imitations ;
allow profits and damages.
Any owner of a trade-mark registered under this article may proceed by suit to
enjoin the manufacture, use. display or sale of any counterfeits or imitations thereof
and any court of competent jurisdiction may grant injunctions to restrain such
manufacture, use, display or sale as may be by the court deemed just and reasonable,
and may require the defendants to pay to such owner all profits derived therefrom
and all damages suffered by reason of such wrongful manufacture, use, display
or sale ; and such court may also order that any such countefeits or imitations in
the possession or under the control of any defendant in such case, be delivered
to an officer of the court, or to the complainant, to be destroyed.

249 Code of Laws of South Carolina, 1952 § 66-434

The enumeration of any right or remedy herein shall not affect a registrant's
right to prosecute under any penal law of this State.
1952 (47) 1945.

§ 66-266. Rights acquired in trade-marks at common law.

Nothing herein shall adversely affect the rights or the enforcement of rights in
trade-marks acquired in good faith at any time at common law.
1952 (47) 1845.

CHAPTER 6.

Gasoline, Liquefied Petroleum Gas, Lubricating Oils, Etc.

Article 2.
Liquefied Petroleum Gas.

§ 66-431. Liquefied petroleum gas defined.

The term "liquefied petroleum gas," as used in this article, shall mean and
include any material which is composed predominantly of any of the following
hydrocarbons, or mixtures of the same : propane, propylene, butanes (normal butane
or isobutane), and butylenes.

1952 (47) 1945.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1945 to 1949.

§ 66-432. Regulations for equipment for storing, handling, transporting and
utilizing and specifying odorization.

The Insurance Commissioner shall make, promulgate and enforce regulations
setting forth minimum general standards covering the design, construction, loca-
tion, installation and operation of equipment for storing, handling, transporting by
tank truck, tank trailer, and utilizing liquefied petroleum gases and specifying the
odorization of the gases and the degree thereof. The regulations shall be such
as are reasonably necessary for the protection of the health, welfare and safety of
the public and persons using such materials, and shall be in substantial conformity
with the generally accepted standards of safety concerning the subject matter.
The regulations shall be adopted by the Insurance Commissioner only after a public
hearing. A copy of all rules and regulations made and promulgated by the In-
surance Commissioner shall be filed with the Secretary of State.

1952 (47) 1945.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1945 to 1949.

§ 66-433. Minimum requirements for public safety.

The current edition and any amendments which may be made to the National
Board of Fire Underwriters' pamphlet No. 58, shall be followed in its entirety
as to the minimum requirements for public safety pertaining to any of the subject
matter covered by this article. A copy of the pamphlet, with any amendments, shall
be filed in the office of the Secretary of State and shall be open to public inspection.

1952 (47) 1945.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1945 to 1949.

§ 66-434. Liquefied Petroleum Gas Board.

There is hereby created the liquefied petroleum gas board which shall be com-
posed of three members : one of whom shall be the Insurance Commissioner, ex
officio, who shall serve as chairman, one shall be a member of the State Firemen's
Association who shall be appointed by the president of the association for a term
of one year, and the third member shall be a licensed liquefied gas dealer who shall

§ 66-434 1952 Supplement 250

be appointed by the president of the South Carolina Liquefied Petroleum Gas
Association for a term of one year.

1952 (47) 1945.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1945 to 1949.

§ 66-435. License manufacture, sell, transport, install or service; use of re-
ceipts.

All persons engaged in the manufacture, distribution, sale, storage or transport-
ing by tank truck or tank trailer or in cylinder liquefied petroleum gases, or engaged
in the physical installation, servicing, repairing, adjusting or connecting of appliances
to liquefied petroleum gas systems shall make application to the Board to obtain
a license to do business in this State. The Board may revoke the license when it is
found that any person engaging in this business has violated the provisions of this
article. The license fee shall be one hundred dollars annually for each dealer and
in addition thereto each branch or sub-dealer shall pay a license fee of twenty-five
dollars. All monies derived from these licenses shall be used for the administration
of this article. The Commissioner shall keep a separate account of all monies re-
ceived and disbursed under the provisions of this section and shall include the ac-
counting in his annual report.

1952 (47) 1945.

Former section repealed by 1952 A. & J. R. (47 St. at L.) pp 1945 to 1949.

§ 66-436. Licensee provide insurance ; lien of judgment.

All persons engaged in any of the activities mentioned in § 66-435 shall, as
a prerequisite to obtaining a license, furnish the Board evidence of having and
keeping in force at all times insurance coverage with an insurance company licensed
to do business in this State. The insurance shall cover liability against damage
from automobiles, employers' liability, manufacturers' or contractors' public liabil-
ity, manufacturers' or contractors' property damage, products' property and liability
damage and shall be in such amounts as the Board may direct, not exceeding ten
thousand dollars for any single liability. In lieu of insurance an applicant for a
license may furnish satisfactory financial responsibility to provide for the above
liabilities, or furnish a bond of a licensed surety company, which shall be ap-
proved as to form and sufficiency by the Attorney General, in the amount of
twenty thousand dollars. The bond shall be conditioned to pay any final judgment
entered against the licensee in a court of competent jurisdiction in this State, and
to pay any liability arising during the term of the bond. Any judgment obtained
shall be a lien upon the bond.

1952 (47) 1945.

Former section repealed by 1952 A. & J. R. (47 St at L.) pp 1945 to 1949.

§ 66-436.1. Insurer certify to board of coverage.

Where insurance is procured or a bond secured, the company writing the insur-
ance or bond, shall certify to the Board that it has issued coverage in accordance
with § 66-436. No license shall be renewed to any dealer who does not furnish the
Board evidence that such coverage has been obtained for the year for which the
license is issued.

1952 (47) 1945.
§ 66-437. Not ground electrical apparatus to appliance or system.

Electrical circuits or electrical appliances, such as radios, telephones or any
other electrical apparatus, shall not be grounded to any liquefied petroleum gas

251 Code of Laws of South Carolina, 1952 § 66-439

system or appliance. Any dealer or his agent finding a violation of this section
shall request the owner of the property to remove the ground. Should the owner
fail to comply with this request the dealer or his agent shall immediately report
this fact to the Insurance Commissioner.

1952 (47) 1945.

§ 66-437.1. Pilot required for heating appliance in public place.

All heating appliances installed for use in any hotel, tourist home, school, church,
theater, auditorium, institutional building, hospital, nursing home, convalescent
home, or any place of public assembly or rest shall be equipped with a pilot having
a one hundred per cent safety cut-off valve of an automatic operating type. The
pilot safety value shall have positive control of the flow of gas to the appliance
burners in public places for sleeping purposes.

1952 (47) 1945.

§ 66-438. Inspection of vehicles transporting ; certificate of proper condition.

Any vehicle transporting liquefied petroleum gases shall be fully inspected and
the operator or owner shall obtain from the Insurance 1 Commissioner a certificate
showing that the vehicle is in proper condition to transport such material. The
certificate shall be displayed upon the windshield of the vehicle in question. The
certificate shall be renewed annually, and may be required to be renewed quarterly,
if deemed necessary for the public safety. There shall be no fee or charge for the
issuance of the certificate.

1952 (47) 1945.

§ 66-438.1. Inspection of premises.

The Insurance Commissioner or his inspectors shall be permitted to enter upon
the premises, during reasonable business hours, of any person engaged in the
liquefied petroleum gas industry in any of its phases to inspect any properties or
installations that relate in any way to the safe and proper operation of the business.

1952 (47) 1945.

§ 66-438.2. Investigations ; penalty for failure to correct hazardous condition.

The Commissioner or his deputy appointed to conduct and supervise the business
of liquefied gas may make such investigations and examinations as they may deem
necessary for the public safety. When a condition is found that is hazardous to the
public safety, the Commissioner or his deputy shall order it to be removed or
corrected. The order shall be in writing and served by registered mail. If the
condition is not corrected within ten days, the Commissioner shall impose a fine
of fifty dollars for each day's neglect.

1952 (47) 1945.

§ 66-439. Report fires and explosions.

All owners, managers, or operators of all vehicles or equipment, covered under
this article, shall within twenty-four hours thereafter make a report to the Insurance
Commissioner of all fires and explosions, in connection with such equipment, of
accidental or incendiary origin of which they have knowledge, with as complete
detail as possible, together with such evidence as they have obtained after investi-
gation.

1952 (47) 1945.

§ 66-439.1 1952 Supplement 252

§ 66-439.1. Exemption.

The provisions of this article shall not apply to liquefied petroleum gases used
as a by-product in the manufacture of any product.
1952 (47) 1945.

§ 66-439.2. Penalties.

Any person violating any of the provisions of this article, or any of the rules
and regulations made and promulgated by the Insurance Commissioner under the
provisions thereof, when a copy of same shall have been filed with the Secretary
of State, as above provided, shall be guilty of a misdemeanor and, upon conviction,
be sentenced by a fine of not more than one hundred dollars or imprisonment of
not more than thirty days.

1952 (47) 1945.

Title 67.

Trusts and Fiduciaries.

Chapter 2. Trustees, § 67-56.

3. Fiduciaries Generally, § 67-58.

CHAPTER 2.
Trustees.

§ 67-56. Citation of trustee removing beyond State.

When any trustee changes his domicile to a place beyond the limits of this
State or has been absent from the State for ten consecutive months then last past,
and such change or absence is made to appear to the satisfaction of the judge of
probate of the county wherein the appointment was made, such judge of probate
shall cite such trustee, to account in person before him on a day named in the
citation, which shall not be less than sixty days from the date thereof. Such citation
shall be served upon such absent trustee by publication forthwith once a week
for four weeks in the newspaper in which the judge of probate publishes his
official advertisements and a copy shall be mailed to such absent trustee at his
place of residence, if it is known or can with reasonable diligence be ascertained.

1952 Code, § 67-56.

CHAPTER 2.
Fiduciaries Generally.

§ 67-58. Investments by fiduciaries, etc.

Trust funds in the hands of any trustee, guardian, committee, executor, ad-
ministrator or other fiduciary may be invested by r such fiduciary in such securities
or property as may be authorized by the will, deed, order, decree, gift, grant or
other instrument creating or fixing the trust and, when not otherwise provided
in such instrument, may be deposited in whole or in part at current savings bank
interest rates in any bank which is a member of the Federal Deposit Insurance
Corporation or in any Federal Savings and Loan Association or may be invested
in whole or in part in all or any of the following : bonds or notes of the United
States, Federal Farm Loan Bonds issued pursuant to an act of Congress known
as the Federal Farm Loan Act, and acts amendatory thereof and supplementary
thereto, bonds issued by Federal Farm Mortgage Corporations pursuant to an
act of Congress known as the Federal Farm Mortgage Corporation Act, Federal

253 Code of Laws of South Carolina, 1952 § 68-19

Intermediate Credit Bank debentures issued pursuant to the Federal Farm Loan
Act as amended, debentures issued by Central Bank for Cooperatives organized
under the Farm Credit Act of 1933, bonds or obligations of any state of the
United States, bonds or obligations of any political subdivisions or municipal cor-
poration of any such state, bonds or obligations secured by first mortgage on real
estate in any state of the United States, preferred or common stock of any cor-
poration, shares of any management type investment company or investment
trust which is registered under the Federal Investment Company Act of 1940 as
from time to time amended and shares of any building and loan association organ-
ized and existing under the laws of this State when such shares are insured by
the Federal Savings and Loan Insurance Corporation.

1952 (47) 1894.

The above provisions replace the first paragraph of this section. The remainder of the
section is unchanged.

Title 68.
Unemployment Compensation.

Chapter 1. General Provisions, § 68-7.

3. Benefits, § 68-108.

4. Claims for Benefits, § 68-155.

5. Employer's Coverage, § 68-252.

CHAPTER 1.

General Provisions.
§ 68-7. Benefit year.

"Benefit year" with respect to any individual means the one year period beginning
with the first day of the first week with respect to which the individual first files
a valid claim for benefits and thereafter the one year period beginning with the
first day of the first week with respect to which the individual next files a valid
claim for benefits after the termination of his last preceding benefit year. Any
claim for benefits made in accordance with § 68-151 shall be deemed to be a valid
claim for the purpose of this section if the individual has been paid the wages for
insured work required under item (5) of § 68-113.

1952 (47) 1977.

§ 68-19. Wages.

"Wages" means all remuneration paid for personal service, including commis-
sions and bonuses and the cash value of all remuneration paid in any medium other
than cash. The reasonable cash value of remuneration paid in any medium other
than cash shall be estimated and determined in accordance with rules prescribed
by the Commission. But the term "zvages" shall not include :

( 1 ) That part of remuneration which, after remuneration equal to three thou-
sand dollars has been paid to an individual by an employer with respect to em-
ployment during any calendar year, is paid to such individual by such employer
with respect to employment during such calendar year nor remuneration with
respect to employment paid to an individual in a calendar year by an employer in
this State which, when added to remuneration with respect to employment paid to
the same individual by the same employer in the same calendar year in another state
or states exceeds the sum of three thousand dollars if the employer has paid contri-

§ 6S-19 1952 Supplement 254

butions to such other state or states on the wages paid therein to such individual
during the applicable calendar year. If an employer (hereinafter referred to as the
successor employer) during any calendar year acquires substantially all the prop-
erty used in a trade or business of another employer (hereinafter referred to as the
predecessor employer), or used in a separate unit of a trade or business of a prede-
cessor, and immediately after the acquisition employs in his trade or business an
individual who immediately prior to the acquisition was employed in the trade or
business of such predecessor, then, for the purpose of determining whether the
successor employer has paid remuneration with respect to employment equal to
three thousand dollars to such individual during such calendar year, any remunera-
tion with respect to employment paid to such individual by such predecessor during
such calendar year and prior to such acquisition shall be considered as having been
paid by such successor employer.

(2) The amount of any payment with respect to services performed on be-
half of an individual in its employ under a plan or system established by an em-
ploying unit which makes provision for individuals in its employ generally or for a
class or classes of such individuals (including any amount paid by an employing
unit for insurance or annuities or into a fund to provide for any such payment),
on account of (a) retirement, (b) sickness or accident disability, (c) medical and
hospitalization expenses in connection with sickness or accident disability or (d)
death, provided the individual is in its employ (i) has not the option to receive,
instead of provisions for such death benefits, any part of such payment or, if
such death benefit is insured, any part of the premiums (or contributions to
premiums) paid by his employing unit and (ii) has not the right, under the pro-
visions of the plan, system or policy of insurance providing for such death benefit,
to assign such benefit or receive a cash consideration in lieu of such benefit either
upon his withdrawal from the plan or system providing for such benefit or upon
termination of such plan, system or policy of insurance or of his services with
such employing unit;

(3) The payment by an employing unit (without deduction from the remunera-
tion of the individual in its employ) of the tax imposed upon an individual in its
employ under Section 1400 of the Federal Internal Revenue Code;

(4) Dismissal payments which the employing unit is not legally required to
make ; or

(5) Amounts received from this State or the Federal Government by members
of the South Carolina National Guard, the United States Naval Reserve, the Officers
Reserve Corps, the Enlisted Reserve Corps, and the Reserve Corps of Marines
as drill pay, including longevity pay and allowances.

1952 (47) 1887.

§ 68-34. Stamp plan.

Repealed by 1952 A. & J. R. (47 St. at L.) p 1886.

§ 68-36. Declaration of State public policy.

The subsequent provisions in this title as tion set out in this section. Stone Mfg. Co.

to eligibility or ineligibility for compensa- v. S. C. Em. Security Commission, 219 S.

tion must all be read and construed as sub- C. 239, 64 S. E. (2d) 644, (1951).
jrrt to the basic and fundamental declara-

255 Code of Laws of South Carolina, 1952 § 68-175.1

CHAPTER 3.
Benefits.

§ 68-108. Amount individuals entitled to during benefit year.

Any otherwise eligible individual shall be entitled during any benefit year to the
amount appearing in column D of the table in § 68-104 on the line on which, in
column B of that table, appears his weekly benefit amount, but no otherwise
eligible individual who shall have received maximum total benefits in a pre-
ceding benefit year shall be eligible to receive benefits in a succeeding benefit
year unless or until such otherwise eligible individual, subsequent to the filing
of the initial claim in such preceding benefit year, shall have earned wages in
the employ of a liable employer equal to at least eight times the weekly benefit
amount established for such individual in the preceding benefit year.

1952 (47) 1936.

§ 68-114. Disqualification for benefits.

The words "good cause" as used in the claimant's employment. Stone Mfg. Co. v.
context contemplate, ordinarily at least, a S. C. Em. Security Comm. 219 S. C. 239;
cause attributable to or connected with 64 S. E. (2d) 644, (1951).

CHAPTER 4.

Claims for Benefits.

Article 1. Article 3.

Allowance of Claims, § 68-155. Payment and Collection of Contributions,

Article 2. § 68-210.1.

Rates of Contributions, § 68-175.1.

Article 1.
Allowance of Claims.
§ 68-155. Appeal from initial determination.

The claimant or any other interested party may file an appeal from any such
initial determination within five days after notification thereof, but not later than
seven days after the date such notification was mailed to his last known address.
The term "any other interested party" shall include the last employer or employing
unit, whether subject to this Title or not and whether benefits may be charged
to its account or not, and the last covered employer or any employing unit
whose account may be charged with benefits. No benefit shall be paid until the
period for appeal has elapsed. If an appeal is duly filed with respect to a matter
other than the weekly benefit amount or maximum amount of benefits payable,
benefits with respect to the period prior to the final decision of the Commission
shall be paid only after such decision, but if an appeal tribunal affirms an initial
determination allowing benefits such benefits shall be paid regardless of any appeal
which may thereafter be taken.
1952 (47) 1884.

Article 2.

Rates of Contributions.

§ 68-175.1. Account, experience and reserve ratio when business closed due

to entry of personnel into armed forces.

If the Commission finds that an employer ceased to render employment solely

due to the closing of the business because of the entrance of one or more of the

§ 68-175.1 1952 Supplement 256

owners, officers, partners, or the majority stockholders into the armed forces of
the United States, or any of its allies, or of the United Nations, sucli employer's
account shall not be terminated ; and, if the business is resumed and employment
rendered within two years after the discharge or release from active duty in the
armed forces of such person or persons, the employer's experience shall be deemed
to have been continuous throughout such period. The reserve ratio of any such
employer shall be the total contributions paid by such employer minus all benefits,
including benefits paid to any individual during the period such employer was in
the armed forces, charged against such employer's account, divided by the average
of his annual payrolls for the three most recent fiscal years during the whole of
which, respectively, such employer has been in business and has rendered employ-
ment. This provision shall not be construed to authorize cash refunds and any
adjustments required hereunder shall be only by credit certificate.
1952 (47) 1889.

§ 68-185.1. Transfer of experience rating accounts under §§ 68-178 to 68-185.

No transfer of experience rating accounts, in whole or in part, shall be permit-
ted under the provisions of §§ 68-178 to 6S-1S5 unless all unemployment compen-
sation taxes based on wages paid by the transferring employer prior to the date of
the transfer shall be paid by the transferring employer when due or assumed by the
acquiring employer.

1952 (47) 1891.

Article 3.

Payment and Collection of Contributions.

§ 68-210.1. Payment of current contributions at reduced rate when execution
outstanding.

No employer shall be permitted to pay his unemployment compensation tax at a
reduced rate for any quarter when a tax execution issued in accord with § 68-208,
with respect to delinquent unemployment compensation tax for a previous quarter
shall be unpaid and outstanding against such employer. The Commission may waive
this provision in those instances in which such an employer shall comply with any
agreement entered into providing for installment payments of delinquent unem-
ployment compensation taxes placed in execution.

1952 (47) 1889.

CHAPTER 5.
Employer's Coverage

§ 68-252. Election as to coverage.

(1) An employing unit not otherwise subject to this Title, which files with
the Commission its written election to become an employer subject to this Title
for not less than two calendar years, shall, with the written approval of such elec-
tion by the Commission, become an employer subject to the same extent as all
other employers as of the date stated in such approval and shall cease to be subject
to this Title as of January first of any calendar year subsequent to such two cal-
endar years if by the thirtieth day of April of such year it has filed with the Com-
mission a written notice to that effect.

(2) Any employing unit for which services that do not constitute employment
as defined in this Title are performed, may file with the Commission a written elec-

257 Code of Laws of South Carolina, 1952 § 69-1

tion that all such services performed by individuals in its employment in one or
more distinct establishments or places of business shall be deemed to constitute
employment by an employer for all the purposes of this Title for not less than two
calendar years. Upon the written approval of such election by the Commission such
services shall be deemed to constitute employment subject to this Title from and
after the date stated in such approval. Such services shall cease to be deemed em-
ployment subject to this Title as of January first of any calendar year subsequent
to such two calendar years if by the thirty-first day of January of such year such
employing unit has filed with the Commission a written notice to that effect.
1952 (47) 1888.

§ 68-253. Termination of coverage.

Except as otherwise provided in § 68-252 an employing unit shall cease to be
an employer subject to this Title as of the first day of January of any calendar
year, only if it files with the Commission by the thirtieth day of April of such year
an application for termination of coverage and the Commission finds that there
were no twenty different weeks within the preceding calendar year within which
such employing unit had eight or more individuals in employment subject to this
Title. For the purpose of this section, the two or more employing units mentioned
in item (2), (3) or (4) of § 68-11 shall be treated as a single employing unit.

Any employer who shall have rendered no employment and paid no wages in this
State for a continuous period of one calendar year shall have the privilege of sub-
mitting an application for termination of coverage upon the resumption of em-
ployment in this State.

19S2 (47) 1888.

Title 69.

Warehouses.

CHAPTER 1.
Warehouses Generally.

Article 1.
General Provisions.
§ 69-1. Who may become public warehousemen.

Duty of warehouseman to depositor of Clearwater Mfg. Co., 217 S. C. 530; 61 S. E.
goods in his care. Arkwright Mills v. (2d) 165, (1950).

Title 71.
Welfare.

Chapter 1. Grants of Monetary Assistance, § 71-95.

CHAPTER 1.

Grants of Monetary Assistance.

Article 5. Article 6.

Aid to Dependent Children, § 71-95. Aid to Blind, § 71-114.

§ 71-95 1952 Supplement 258

Article 5.
Aid to Dependent Children.

§ 71-95. Grant of aid ; appeal if aid denied.

If such child is found to be in need and to have resided in this State for one
year immediately preceding the application for such aid or to have been born
within one year immediately preceding the application, if the parent or other rela-
tive with whom the child is living has resided in this State for one year immedi-
ately precedng the birth of such child, the county department shall grant such aid
as may be necessary for the support of such child in its own home or in the home
of one of its relatives as set forth in this chapter, in a manner compatible with
decency and health. In case application for aid for a dependent child is rejected by
the county department, appeal may be made to the State Department as elsewhere
provided in this chapter.

1952 (47) 1974.

Article 6.
Aid to Blind.
§ 71-114. County department determine amount of such assistance.

Within available appropriations and subject to the rules and regulations of the
State Department, the amount of assistance which any person shall receive shall
be determined by the county department after making such investigation as is nec-
essary or required by the State Department. The investigation shall be made with
due regard to the resources, necessary expenditures, and other pertinent conditions
existing in the case of each applicant. In making the investigation the first fifty
dollars a month of earned income shall not be considered. The amount of assistance
given shall be sufficient when added to other income and means of support of the
recipient, to provide such person with a reasonable subsistence compatible with
decency and health.

1952 (47) 1974. .

§ 71-115.1. Applicant may select physician or optometrist for examination;
payment.

The State Department shall establish a register of optometrists and physicians,
skilled' in the diseases of the eye, from which the applicant may select one to con-
duct a competent medical examination for determining his blindness. The State
Department shall pay for such examination.

1952 (47) 1974.

Title 72.
Workmen's Compensation.

Chapter 2. Industrial Commission, § 72-51.

3. Application and Effect of Title. § 72-103.

CHAPTER 1.
General Provisions.
§ 72-1. Short title.

The Supreme Court is committed to a of the Title in such a way as to change its

liberal construction of this Title, but such meaning. Teigue v. Appleton Co., 221 S. C.

liberality will not be indulged to such an 52: 68 S. E. (2d) 878, (1952).
extent as to do violence to the provisions Cited. Cribbs v. Southern Coatings &

259

Code: of Laws of South Carolina, 1952

§ 72-51

Chemical Co., et al, -MS S. C. 273; 62 S. E.
(2d) 505, (1950); Broughton v. S. C. Game
and Fish Dcpt. et al, 219 S. C. 50, 64 S. E.

(2d) 152, (1951); Jolly v. S. C. Industrial
School for Boys, 219 S. C. 155; 64 S. E.
(2d) 252, (1951).

§ 72-6. Child, grandchild, brother and sister.

This section applies to children who are
established as being illegitimate and ac-
knowledged by the putative father. Next of
Kin of Barr v. Cherokee, Inc., 220 S. C.
447; 68 S. E. (2d) 440, (1951).

Neither the father nor the mother is ad-

§ 72-11. Employee.

A casual employee is excluded although
the work being done is in the course of his
employer's business or occupation. Benbow

§ 72-13. Employment.

Municipal corporations and their em-
ployees are subject to and bound by this
chapter regardless of the number of em-

§ 72-14. Injury and personal injury.

The two parts, of the phrase used in the
Workmen's Compensation Act, "arising out
of" and "in the course of" employment, are
not synonymous. "Arising out of" refers
to the origin and cause of injury, whereas
"in the course of" refers to the time, place
and circumstances of the occurrence. One
of the elements without the other will not
sustain an award. Willard v. Commission-
ers of Public Works, et al, 219 S. C. 477;
65 S. E. (2d) 874, (1951).

Injury arising out of and in the course of
employment. Malphrus v. S. C. Comm. of
Forestry, et al, 221 S. C. 75; 69 S. E. (2d)
70. (1952).

Injury suffered by employee while on va-
cation did not arise out of or in course of
employment. Williams v. Citv of Colum-
bia, et al, 218 S. C. 287; 62 S. E. (2d) 469,
(1950).

An employee, while awaiting work as-
signment during working hours at his place
of employment, in idle curiosity tampered
with a strange object which was present by
reason of the nature of the employer's busi-
ness, and was injured thereby, was injured
during his employment. Tordan v. Dixie
Chevrolet, Inc.. et'al. 218 S. C. 73; 61 S. E.
(2d) 654, (1950).

Death from pneumonia resulting from ex-
posure an accident. Hiers v. Brunson Con-
struction Co., et al. 221 S. C. 212; 70 S. E.

missible to prove the illegitimacy of a child
born to them in wedlock, or to establish
any facts tending to show that the child
was illegitimate. Next of Kin of Barr v.
Cherokee, Inc., 220 S. C. 447; 68 S. E. (2d)
440. (1951.)

v. Edmunds High School, 220 S. C. 363;
67 S. E. (2d) 680, (1951).

ployees employed by the municipality.
Black v. Town of Springfield, 217 S. C.
413; 60 S. E. (2d) 854, (1950).

(2d) 211.

Fatal injury sustained by an employee off
the premises of employer when he endea-
vored to assist his fellow man in an em-
ergency, did not arise out and in course
of his employment. Minis v. Nehi Bottling
Co., et al. 218 S. C. 513; 63 S. E. (2d) 513,
(1951).

Overexertion. Windham v. City of Flor-
ence, et al, 221 S. C. 350; 70 S. E. (2d) 553,
(1952).

Pain as determining factor when it start-
ed at time of injury and has continued since
in same area. Hewitt v. Cheraw Cotton
Mills, et al. 217 S. C. 90; 59 S. E. (2d) 712,
(1950).

Injury to employee, who is upon his em-
ployer's premises, occupying himself con-
sistently with his contract of hire in some
manner pertaining to or incidental to his
employment, arose out of his employment.
McCoV v. Easley Cotton Mills, 218 S. C.
350; 62 S. E. .(2d) 772, (1950).

Where medical testimony is relied on to
show a causal connection between an acci-
dent and a certain result the medical ex-
perts must testify at least that in their pro-
fessional opinion the result in question
"most probably" came from the alleged
cause. Windham v. City of Florence, et al,
221 S. C. 350; 70 S. E. (2d) 553, (1952).

CHAPTER 2.

Industrial Commission.
§ 72-51. Created; appointment; term; chairman.

There is hereby created a commission, to be known as the South Carolina Indus-
trial Commission, consisting of five commissioners who shall devote their entire
time to the duties of the Commission. The Governor, by and with the advice and
consent of the Senate, shall appoint the members of the Commission for terms of
six years, the commissioners first appointed, however, having been appointed for

§ 72-51 1952 Supplement 260

terms of two, four and six years, respectively. The Governor shall designate one
of the members so selected as chairman.
1952 (47) 1925.

§ 72-66. Commission to determine unsettled matters.

Participation of commissioner, who was Forestry, et al, 221 S. C. 75; 69 S. E. (2d)
absent from oral arguments, in decision of 70, (1952).
commission. Malphrus v. S. C. Coram, of

CHAPTER 3.
Application and Effect of Title.
§ 72-102. Public divisions and their employees cannot exempt themselves.

Municipal corporations and their employ- ployed by the municipality. Black v. Town
ees are subject to and bound by this Title of Springfield. 217 S. C. 413; 60 S. E. (2d)
regardless of the number of employees em- 854, (1950).

§ 72-103. Same; exception as to certain employees of Greenville County;
liability of county for injuries.

The members of the Greenville County hoard of commissioners and the members
of all the other boards and commissions of such county, including the members of
the board of assessors, shall not be deemed employees of Greenville County within
the meaning of this Title and are exempted from the provisions of this Title, and
Greenville County shall not be liable for injuries sustained by such board members
in the course of their employment.

1952 (47) 2163.

§ 72-107. Casual employees and other excepted employment.

Under the express terms of § 72-111, the yond that which would have existed if the

liability of an owner for compensation to workman had been directly employed by

the employee of a contractor engaged to him. Benbow v. Edmunds High School,

perform any work which is a part of the 220 S. C. 363; 67 S. E. (2d) 680, (1951).
owner's trade, business or occupation is Under this Title a casual employee is

that "which he would have been liable to excluded although the work being done is

pay if the workman had been immediately in the course of his employer's business or

employed bv him." It certainly was not in- occupation. Benbow v. Edmunds High

tended" by this section to enlarge the lia- School, 220 S. C. 363; 67 S. E. (2d) 680,

bility of the owner for compensation be- (1951).

§ 72-111. Liability of owner to workmen of subcontractor.

The liability of an owner for compensa- was not intended by this sction to enlarge
tion to the employee of a contractor en- the liability of the owner for compensation

to perform any work which is a beyond that which would have existed if the

part of the owner's trade, business or occu- workmen had been directly employed by

pation is that "which he would have been him. Benbow v. Edmunds High School,

liable to pay if the workmen had been im- 220 S. C. 363; 67 S. E. (2d) 680. (1951).
mediately employed by him." It certainly

§ 72-121. Employee's rights under Title exclude all others against employer.

Cited. Burns v. Carolina Power & Light Co., 193 F. (2d) 525 (1951).

§ 72-126. When injured employee, etc., may bring suit against third party.

Cited. Burns v. Carolina Power & Light Co., 193 F. (2d) 525. (1951).

CHAPTER 4.
Compensation and Payment Thereof

§ 72-153. When disability deemed to continue for certain periods; disfigure-
ment; compensation.

Description of disfigurement in the rec- ton Mills, 218 S. C. 350; 62 S. E. (2d) 772,
ord held sufficient in. McCoy v. Easley Cot- (1950).

261

Code of Laws of South Carolina, 1952

S 72-307

§ 72-169. Foreign injuries.

Applied. Horton v. Baruch, et al, 217 S.

C. 48; 59 S. E. (2d) 545, (1950).

CHAPTER 6.
Notice of Accident ; Filing Claims ; Medical Attention and Examinations.
§ 72-301. Notice of accident.

The Supreme Court is committed to a
liberal construction of this Title, but such
liberality will not be indulged to such an
extent as to do violence to the provisions
of the Act in such a way as to change its
meaning. Teigue v. Appleton Co., 221 S. C.
52; 68 S. E. (2d) 878, (1952).

The "required notice" cannot be treated
as a mere formality or technicality. Harpe
v. Kline Iron and Metal Works, et al, 219
S. C. 527; 66 S. E. (2d) 30, (1951).

The defense of failure to give the re-
quired notice was jurisdictional, and a di-
rect and positive ruling by the Commission
thereabout is necessary. Harpe v. Kline
Iron and Metal Works, et al, 219 S. C. 527;
66 S. E. (2d) 30, (1951).

Failure give timely notice of accident

§ 72-302. Nature of notice; service.

The Supreme Court is committed to a
liberal construction of this Title, but such
liberality will not be indulged to such an
extent as to do violence to the provisions of
the Act in such a way as to change its
meaning. Teigue v. Appleton Co., 221 S. C.
52: 68 S. E. (2d) 878, (1952).

Applied. Teigue v. Appleton Co., 221 S.
C. 52; 68 S. E. (2d) 878, (1952).

Cited. Mintz v. Fiske-Carter Const. Co.,

§ 72-303. Time for filing- claim.

The fact that claimant may have been
unaware of the requirement as to filing a
claim within one year furnishes no legal
excuse for not filing the claim. Ashe v.
Rock Hill Hardware Co.. et al, 219 S. C.
159; 64 S. E. (2d) 396, (1951).

§ 72-305. Medical, hospital, surgical, etc., treatment and supplies; artificial
members.

bar to claim. Mintz v. Fiske-Carter Const.
Co., et al, 218 S. C. 409; 63 S. E. (2d) 50,
(1951).

A finding that the employer has not been
prejudiced by the failure to give the notice
within the time limit is not a reason for
excusing the "first requirement." Harpe v.
Kline Iron and Metal Works, et al, 218 S.
C. 527; 66 S. E. (2d) 30, (1951).

The purpose of this section and § 72-302
is to enable the employer to investigate the
claim and to give prompt medical attention
if necessarv. Ashe v. Rock Hill Hardware
Co., et al, 219 S. C. 159; 64 S. E. (2d) 396,
(1951).

Applied. Teigue v. Appleton Co., 221 S.
C. 52; 68 S. E. (2d) 878, (1952).

et al, 218 S. C. 409; 62 S. E. (2d) 50,
(1951); Harpe v. Kline Iron and Metal
Works, et al, 219 S. C. 527; 66 S. E. (2d)
30, (1951).

The purpose of this section and § 72-301
is to enable the employer to investigate the
claim and to give prompt medical attention
if necessary. Ashe v. Rock Hill Hardware
Co., et al, 219 S. C. 159; 64 S. E. (2d) 396,
(1951).

No legal excuse' shown by the respond-
ent for his failure to file his claim in the
required time. Ashe v. Rock Hill Hardware
Co., et al, 219 S. C. 159; 64 S. E. (2d) 396,
(1951).

American Health Insurance Co., 220 S. C.
79; 66 S. E. (2d) 461, (1951).

Recovery by covered employee on insur-
ance policy providing such employee bene-
fits provided under this Title. Shealey v.

§ 72-307. Physical examinations; facts learned by doctors not privileged;
autopsy.

Refusal permit examination of claimant Bradford et al, 218 S. C. 458; 63 S. E. (2d)

abuse of commission's discretion. Cord v. 166, (1951).

Hines Construction Co., et al, 220 S. C. 356; Applied. Cord v. Hines Construction Co.,

67 S. E. (2d) 677, (1951). et al, 220 S. C. 356; 67 S. E. (2d) 677,

Medical testimony, Glasscock, et al v. (1951).

§ 72-353.

1952 Supplement

262

Conduct of hearing before Commission.
McCoy v. Easley Cotton Mills, 21S S. C.
350; 62 S. E. (2d) 771, (1950).

CHAPTER 7.
Procedure in Connection with Awards.

§ 72-353. Commission may appoint doctor to examine injured employee;
compensation.

Cited. Cord v. Hines Construction Co.,
et al, 220 S. C. 356; 67 S. E. (2d) 677,
(1951).

§ 72-354. Conduct of hearing; award.

Findings of fact by the Commission are
conclusive and binding upon both the Court
of Common Pleas and the Supreme Court,
if there is any competent evidence reason-
ably tending to support them, even though
there is evidence that would have supported
a finding to the contrary. Such findings
must have reasonable support in the evi-
dence and cannot rest on conjecture, sur-
mise or speculation. Willard v. Commis-
sioners of Public Works, et al, 219 S. C.
477; 65 S. E. (2d) 874, (1951); Hiers v.
Brunson Const. Co., et al, 221 S. C. 212; 70
S. E. (2d) 211, (1952).

Upon admitted or established facts the
question of whether an accident is com-

pensable is a question of law. Jordan v.
Dixie Chevrolet Inc., et al, 61 S. E. (2d)
654; 218 S. C. 73, (1950).

The Circuit Court and the Supreme Court
on appeal of either party shall consider the
evidence and find therefrom the jurisdic-
tional facts without regard to the finding of
such facts by the Commission. Horton v.
Baruch, et al, 217 S. C. 48; 59 S. E. (2d)
545, (1950).

Probative value of expert testimony pass-
ing upon hypothetical facts stands or falls
with the existence of the facts upon which
it is predicated. Hiers v. Brunson Con-
struction Co.. et al, 221 S. C. 212; 70 S. E.
(2d) 211, (1952).

§ 72-356. Conclusiveness of award ; appeal ; payment of compensation during
appeal.

An intermediate order involving the mer-
its is appealable before final judgment. Cord
v. Hines Construction Co., et al, 220 S. C.
356; 67 S. E. (2d) 677. (1951).

Appeal to trial judge must be from the
Commission, not a single Commissioner.
Brown et al v. Gunter, Inc., et al, 221 S. C.
183; 69 S. E. (2d) 598, (1952).

The Commission is the fact-finding body
and the Supreme Court and the Circuit
Court both being appellate Courts in Work-
men's Compensation matters can only re-
view the facts to determine whether or not
there is any competent evidence to support

the findings of the fact-finding body. If
there is, the Courts are without power to
pass upon the force and effect of such evi-
dence. Teigue v. Appleton Co., 221 S. C.
52; 68 S. E. (2d) 878, (1952).

When evidence conflicts the question as
to whether injury arose out of or in course
of employment is one of fact. Williams v.
City of Columbia, et al, 218 S. C. 287; 62
S E. (2d) 469, (1950).

Generally the conclusion of fact-finding
body (the Commission) is binding. Id.

Cited. Brown, et al v. Gunter, Inc., et al,
221 S. C. 189; 69 S. E. (2d) 596, (1952).

CHAPTER 8.

Insurance and Self-Insurance.

§ 72-401. Employer to secure payment of compensation; extent of liability.

The phrase "those conducting his busi-
ness" in this section includes fellow em-
ployees, and employees had no cause of ac-

§ 72-408. Liability of insurer.

Action between carriers when employee
in two accidents. Glasscock, et al v. Brad-

tion against fellow employee. Burns v.
Carolina Power & Light Co., 193 F. (2d)
525 (1951).

ford, et al, 218 S. C. 458; 63 S. E. (2d) 166,
(1951).

CHAPTER 10.
Reports and Records.

§ 72-502. Reports of termination or extension beyond sixty days of disa-
bility.

Cited. Ashe v. Rock Hill Hardware Co., (1951).
et al, 219 S. C. 159, 64 S. E. (2d) 396,

263

Constitution of thb State of S. C.

Art. I, § 14.

Constitution of the State of
South Carolina 1895

ARTICLE I.

Declaration of Rights.
SECTION 4. Religious worship — freedom of speech — petition.

Probate judge's
riage ceremony

; for license and mar-
one package. Dillon

County v. Maryland Cas. Co., et al, 217 S.
C. 66; 59 S. E. (2d) 640, (1950).

Section 5. Privileges and immunities — protection of laws.

To invalidate a tax statute for discrimi-
nation, in the absence of specific constitu-
tional inhibition, exemption from its terms
must be purely arbitrary. State of S. C.
Ex Rel. Roddey v. Byrnes, Governor, et
al, 219 S. C. 485; 66 S. E. (2d) 33, (1951).

Use tax act does not violate this section.
State of S. C. Ex Rel. Roddey v. Bvrnes,
Governor, et al, 219 S. C. 485; 66 S. E.
(2d) 33, (1951).

Act requiring a probate judge to perform
marriage ceremonies during office hours
and certain other duties does not violate
this section. Dillon County v. Maryland
Cas. Co. et al, 217 S. C. 661, 59 S. E. (2d)
640, (1950).

Section 6. Taxation.

This provision is inapplicable to license
or excise taxes, which the sales tax is.
State of S. C. Ex Rel. Roddey v. Byrnes,

Section 8. Attainder — ex post facto law.

A legislature may enact statutes which State of S. C, Ex Rel. Roddey v. Byrnes,

Receivership proceedings unduly enjoin-
ing enforcement of chattel mortgage lien
violated this provision. National Cash
Register Co. v. Burns, 217 S. C. 310, 60 S.
E. (2d) 615, (1950).

Where insanity is interposed as a de-
fense, the compulsory examination of an
accused by experts for the purpose of de-
termining his mental condition and testify-
ing in regard thereto does not violate this
section. The State v. Myers, 220 S. C. 309;
67 S. E. (2d) 506, (1951).

Cited. Smith et al. v. Lexington School
District, 219 S. C. 191, 64 S. E. 2d 534;
Johnson v. Abney Mills, 219 S. C. 231, 64
S. E. 2d 641 (1951).

Governor, et al,
(2d) 33, (1951).

219 S. C. 485; 66 S. E.

result in contracts which may be of effect
beyond the life of the enacting legislature.

Section 14. Departments separate.

The exercise of judicial functions, or
quasi-judicial functions is often necessary
as an incident to the exercise of the pow-
ers conferred by the Constitution upon the
other coordinate branches of the govern-
ment * * * in all cases where the exercise
of judgment and discretion are required.
But this is not judicial power vested in the
Court. State of S. C. Ex Rel. Roddey v.
Byrnes, Governor, et al, 219 S. C. 485; 66
S. E. (2d) 33, (1951).

It would be difficult to give an exact
definition of the words "judicial power" as
used in the Constitution which would be
applicable to all cases that might arise
* * *. The Constitution assumed the ex-
istence of a recognized society and when it
vested the judicial power in the Courts it

Governor,

(2d) 33, (1951).

219 S. C. 485; 66 S. E.

had reference to the judicial powers then
existing and such as the people then un-
derstood to be vested in and exercised by
the Courts. The result of the exercise of
the power, is, of course, subject to court
review and reversal in proper cases and
on requisite facts. State of S. C, Ex Rel.
Roddey v. Byrnes, Governor, et al, 219
S. C. 485; 66 S. E. (2d) 33, (1951).

The determination of the sufficiency of a
special fund to meet interest and principal
maturities of school bonds as shall be is-
sued is in the nature of a judicial function
but is not such as may not be delegated to
executive and administrative officers under
the Constitution. State of S. C. Ex Rel.
Roddey v. Byrnes, Governor, et al, 219 S.
C. 485, 66 S. E. (2d) 33, (1951).

Art. I, § 17.

1952 Supplement

264

Section 17. Presentment of grand jury — rot tried twice — private property.

fense, the compulsory examination of an
accused by experts for the purpose of de-
termining his mental condition and testify-
ing in regard thereto does not violate this
section. The State v. Myers, 220 S. C. 309;
67 S. E. (2d) S06, (1951).

Grantees necessary parties in continuing
damage to land action by grantor. Shon-
nard v. South Carolina Public Service Au-
thority, 217 S. C. 458; 60 S. E. (2d) 894,
(1950).

Where insanity is interposed as a de-

Section 18. Trial by jury- — witnesses.

The Constitution does not specify the
time nor the number of counsel to which
an individual defendant in a criminal case
is entitled. It provides that he has the right
"to be fully heard in his defense by him-
self or by his counsel or by both." This
provision guarantees him the right to be

Section 19. Excessive bail — corporal punishment — contempt.

Excess sentence. The State v. King, 221 Cited in State v. Mclntire

heard on all questions of law and fact
which may arise at any time during the
prosecution, and it implies that he shall
have full opportunity and time as justice
and the necessities of the case may require.
State v. Mclntire, S. C. , 71 S. K 2d
410 (1952).

S. C. 68; 69 S. E. (2d) 123. (1952).

Applied. The State v. Ferguson, et
221 S. C. 300; 70 S. E. (2d) 355, (1952).

S. C. ...

71 S. E. 2d 410 (1952). State v. Green, 220
S. C. 315; 67 S. E. (2d) 509, (1951).

ARTICLE II.

Right of Suffrage.
Section 2. Qualification for office — two officers.

Ex officio membership of the governing 7, (1952).

body did not contravene this section. Wel-
ling v. Clinton Newberry Natural Gas Au-
thority, et al, 221 S. C. 417; 71 S. E. (2d)

Cited. Dillon County v. Maryland Cas.
Co. et al, 217 S. C. 66; 59 S. E. (2d) 640,
(1950).

ARTICLE III.

Legislative Department
Section 17. One subject.

640, (1950).

Title of State General Appropriations Act
sustained. State of S. C. Ex Rel. Roddey
v. Byrnes, Governor, et al, 219 S. C. 485;
66 S. E. (2d) 33, (1951).

Section 18. Formalities of act.

Enrolled bill rule applied. State of S. C.
Ex Rel. Roddey v. Byrnes, Governor, et

Section 34. Special laws prohibited.

The General Assembly is fully empow-
ered to deal with special situations pre-
sented. Welling v. Clinton Newberry Nat-
ural Gas Authority, et al, 221 S. C. 417; 71
S. E. (2d) 7, (1952).

The Rural Electric Cooperative Act of
1939 does not violate this section. Book-
hart v. Central Elec. Power Coop., 219 S.
C. 414; 65 S. E. (2d) 781, (1951).

Act imposing special duties on one pro-
bate judge without imposing same on other
probate judges does not violate this sec-
tion. Dillon County v. Maryland Cas. Co.
et al, 217 S. C. 66; 59 S. E. (2d) 640, (1950).

The amendment to Art. XI, Sec. 5,

al, 219 S. C. 485; 66 S. E. (2d) 33, (1951).

(1931 (37) 101) removed Lexington County
from the bans of subdivisions IV and IX
with respect to incorporation of a school
district by special law and forbidding
special laws in other cases where a general
law can be made applicable. Smith, et al, v.
Lexington School District, 219 S. C. 191;
64 S. E. (2d) 534.

Cited. McKown, et al v. Daniel et al,
217 S. C. 510; 61 S. E. (2d) 163, (1950);
Moseley v. Welch, et al, 218 S. C. 242, 62
S. E. (2d) 313; (1950); Jennings v. Green
et al, 219 S. C. 471; 65 S. E. (2d) 878,
(1951); Baker v. Allen, 220 S. C. 141; 66
S. E. (2d) 618, (1951).

265 Constitution of the State of S. C. Art. VIII, § 1.

ARTICLE V.

Judicial Department.
Section 4. Jurisdiction of Supreme Court.

Findings of jury, concurred in by trial review the facts and make findings con-
judge, in equity case not subject to review trary to those of trial courts of equity in
by Supreme Court. Thigpen v. Thigpen, proper cases. Gilbert et al. v. McLeod In-
217 S. C. 322; 60 S. E. (2d) 621, (1950). firmary et al. 219 S. C. 174, 64 S. E. 2d

The Supreme Court fully empowered to 524, ( 1951).

Section 12. Three necessary for reversal — constitutional questions — judge
shall not sit.
Cited. State of S. C, Ex Rel. Roddey v. S. E. (2d) 33, (1951).
Byrnes, Governor, et al, 219 S. C. 485; 66

Section 18. Courts of general sessions.

The court of general sessions does not eating liquor. State v. Castleman, 219 S.
have jurisdiction to try a person for a first C. 136, 64 S. E. 2d 250, (1951).
offense of unlawful possession of intoxi-

Section 21. Jurisdiction of magistrates — examining courts.

Cited in State v. Castleman, 219 S. C. 136, 64 S. E. 2d 250, (1951).

Section 26. Charge to juries.

A request to charge was properly refused 2d 260, (1951).

as being a charge upon the facts which said The right to have all the law declared

in effect that a specified delict was an act may be waived like any other right, and an

of negligence, this being the prerogative of omission acquiesced in. The State v. Jami-

the jury. Jeff Hunt Machinery Co. vs. S. son, 221 S. C. 312; 70 S. E. (2d) 342, (1952).
C. State Hwy. Dept. 219 S. C. 340, 65 S. E.

Section 30. Sheriff and coroner.

Undated resignation signed by person sheriff is void. Jackson v. White, 218 S
prior to appointment and qualification as C. 311; 62 S. E. (2d) 776, (1950).

ARTICLE VII.
Counties and County Government.
Section 4. Area, taxable property and inhabitants of old county.

The word "area" in the sense in which S. C. 469; 68 S. E. (2d) 421, (1951).

it is used in this section includes both Applied. Beaufort County, et al v. Jasper

marsh lands and inland water. Beaufort County, et al, 220 S. C. 469; 68 S. E. (2d)

County, et al v. Jasper County, et al, 220 421, (1951).

Section 11. Townships — body corporate — township government.

This section must be considered and sembly by this section must be considered

harmonized with Article 8 relating to the and harmonized with Article 8 relating to

organization and government of towns and the organization and government of towns

cities. Wagener, et al v. Smith, et al, 221 and cities. Wagener, et al v. Smith, et al

S. C. 438; 71 S. E. (2d) 1, (1952). 221 S. C. 438; 71 S. E. (2d) 1, (1952).

The powers vested in the General As-

ARTICLE VIII.

Municipal Corporations and Police Regulations.

Section 1. Organization and classification of municipal corporations.

Stated. Welling v. Clinton Newberry et al v. Smith, et al, 221 S. C. 438; 71 S.
Natural Gas Authority, et al, 221 S. C. E. (2d), (1952).
417; 71 S. E. (2d) 7, (1952); Wagener,

Art. VIII, § 2. 1952 Supplement 266

Section 2. Electors must consent to organization.

Applied. Wagener, et al v. Smith, et al, Cited. Wagener. et al v. Smith, et al, 221

221 S. C. 438; 71 S. E. (2d) 1, (1952). S. C. 438; 71 S. E. (2d) 1, (1952).

Section 3. Taxes.

Establishment of an airport is for a pub- 217 S. C. 62; 59 S. E. (2d) 638, (1950).
lie purpose. Evatte v. Cass, Mayor, et al,

Section 4. Street railway, etc.

Applicability of the inhibition contained strued. DeTreville, et al v. Groover, et al,
in this section to the granting of a right or "219 S. C. 313, 65 S. E. (2d) 232, (1951).
franchise to a quasi-municipality not con-

Section 5. Waterworks system — plants furnish lights and ice.

This constitutional provision is applica- v. Clinton Newberry Natural Gas Author-

ble to a natural gas system designed to ity, et al, 221 S. C. 417; 71 S. E. (2d) 7,

furnish heating facilities. There is no show- (1952).

ing that gas furnished bv the Authority is Cited. DeTreville, et al v. Groover, et al,

to be used for lighting purposes. Welling 219 S. C. 313; 65 S. E. (2d) 232, (1951).

Section 6. Corporate taxes must be uniform — license.

Establishment and maintenance of pub- Evatte v. Cass, Mayor, et al, 217 S. C. 62;
lie airport is for a corporate purpose. 59 S. E. (2d) 638, (1950).

Section 7. Bonded debt — certificates of indebtedness— sinking fund — refund-
ing bonded debt — provisos as to certain cities added by amendment.
Cited as to amendment relating Orange- C. 62; 59 S. E. (2d) 638, (1950).
burg. Evatte v. Cass, Mayor, et al, 217 S.

Section 8. Manufactories may be exempt from taxation.

Cited in Arlcwright Mills vs. Murph 219 S. C. 438; 65 S. E. 2d 665, (1951).

ARTICLE IX.

Corporations.
Section 13. Trusts, combinations, eetc.

Natural gas authority act does not vio- Cited. Welling v. Clinton Newberry Nat-
late this section. Welling v. Clinton New- ural Gas Authority, et al. 221 S. C. 417; 71
berry Natural Gas Authority, et al, 221 S. S. E. (2d) 7, (1952).
C. 417; 71 S. E. (2d) 7, (1952).

ARTICLE X.

Finance and Taxation.

Section 1. Taxation and assessment.

Sales tax act does not violate this sec- Byrnes, Governor, et al, 219 S. C. 485: 66
tion. State of S. C. Ex Rel. Roddey v. S. E. (2d) 33, (1951).

Section 2. Expenses of state government.

This section expressly refers to "ordinary nent improvements. State of S. C, Ex Rel.
expenses of the State" and can have noth- Roddey v. Byrnes, Governor, et al, 219 S.
ing to do with capital outlays for perma- C. 485; 66 S. E. (2d) 33, (1951).

Section 3. Tax shall be levied in pursuance of law.

Cited. State of S. C, Ex Rel. Roddey v. ington School District, 219 S. C. 191; 64
Byrnes, Governor, et al, 219 S. C. 485; 66 S. E. (2d) 534, (1951).
S. E. (2d) 33, (1951); Smith et al v. Lex-

267 Constitution of the State of S. C. Art. XI, § 12.

Section 5. Taxes may be levied for corporate purposes; shares of stock-
holders; limit of bonded indebtedness.

* * * *

Provided, that the limitations as to bonded indebtedness imposed by this section
shall not apply to Lockhart School district in Union County, and that Lockhart
school district in Union County may incur bonded indebtedness to an amount not
exceeding twenty-four (24%) per cent of the assessed value of all taxable property
therein, without regard to the amount of bonded indebtedness now outstanding or
hereafter created of any municipal corporation or political subdivision located wholly
or partly within said district.

1950 (..) 3576; 1952 (47) 1876.

Establishment and maintenance of air- Cited. Smith et al. v. Lexington School

port constitute a corporate purpose. Evatte District. 219 S. C. 191, 64 S. E. 2d 534,
v. Cass, Mayor, et al, 217 S. C. 62; 59 S. (1951).
E. (2d) 638, (1950).

Section 6. Credit of State — for what purposes tax levied or bonds issued —
proviso.

The limitation imposed by this section Cass, Mayor, et al, 217 S. C. 62; 59 S. E.
does not apply to municipalities. Evatte v. (2d) 638, (1950).

Section 7. Scrip, certificate, or evidence of state debt.

This section is generally considered in- S. C. Ex Rel. Roddey v. Byrnes, Governor,
applicable to State bonded debt. State of et al, 219 S. C. 485; 66 S. E. (2d) 33, (1951).

Section 9. Money.

Cited. Beacham v. Greenville County, 218 S. C. 181 ; 62 S. E. (2d) 92, (1950).

Section 11. Public debt — state bonds.

This provision is not applicable to bonds reasonably estimated to be sufficient there-

which the authorizing statute provides shall for. State of S. C. Ex Rel. Roddey v.

be paid from a special fund or source which Byrnes, Governor, et al, 219 S. C. 485; 66

is set aside for the purpose and which is S. E. (2d) 33, (1951).

ARTICLE XI.
Education.

Section 5. Free public schools — school districts — bonded debt — graded school

districts.

Amendment as to Lexington County 64 S. E. (2d) 534, (1951).
(1931 (37) 101) applied in Smith et al. v. Cited. Nesbitt et al v. Gettys et al, 219

Lexington School District, 219 S. C. 191, S. C. 221, 64 S. E. (2d) 651, (1951).

Section 6. Enrollment — trustees — poll tax — supplementary tax.

Sales tax does not violate this section. Cited in Smith et al. v. Lexington School

State of S. C. Ex Rel. Roddey v. Byrnes, District. 219 S. C. 191, 64 S. E. 2d 534,

Governor, et al, 219 S. C. 485; 66 S. E. (1951).
(2d) 33, (1951).

Section 7. Separate schools.

This section is not violative of the Four- (1951), same case 103 F. Supp. 920 (1952),

teenth Amendment to the U. S. Constitu- and . .. U. S. ..., 72 S. Ct. 327 (1952),

tion. Briggs v. Elliott, 98 F. Supp. 529 and U. S. , 73 S. Ct. 1 (1952).

Section 12. Income from sale or licenses for sale of liquors.

Sales tax act does not violate this section. Governor, et al, 219 S. C. 485; 66 S. E.
State of S. C. Ex Rel. Roddey v. Byrnes, (2d) 33, (1951).

Art. XVII, § 3.

1952 Supplement

268

ARTICLE XVII.

Miscellaneous Matters.

Section 3. Divorces.

See also notes under §§ 20-101 et seq
This section authorizes a divorce on the
ground of constructive desertion. Machado
v. Machado, 220 S. C. 90; 66 S. E. (2d)
629. (1951).

There is constructive desertion where an
existing cohabitation is intentionally
brought to an end by the misconduct of
one of the spouses, compelling the other
to leave the marital home. An intent to
desert is an indispensable element. How-
ever, it is not a necessary ingredient in
constructive desertion that the husband
shall entertain, in connection with the acts
complained of, a settled purpose to drive
his wife from him. It is enough if such is
the natural consequence of his acts. Mach-
ado v. Machado, 220 S. C. 90; 66 S. E.

(2d) 629; (1951).

Constructive desertion should never be
permitted to be used as a subterfuge for
obtaining a divorce on ground not per-
mitted by the Constitution. Machado v.
Machado, 220 S. C. 90; 66 S. E. (2d) 629,
(1951).

Question of whether in establishing con-
structive desertion, it is necessary for the
complaining spouse to show that he or she
was compelled to leave the offending
spouse because of conduct sufficient in
itself to constitute a ground for divorce,
left open. Machado v. Machado, 220 S. C.
90; 66 S. E. (2d) 629, (1951).

Departure of spouse under mutual agree-
ment is not desertion. Id.

Cohabitation terminates desertion. Id.

Index

ABANDONMENT

Personalty on highways, seizure, etc. §§ 46-
482.1 to 46-482.8.

ABBEVILLE COUNTY

School trustees. District No. 60 § 21-1011

Supervisor, term § 14-701.

Year, fiscal § 14-17.

ACCIDENTS

Motor vehicle, report § 46-931.

ACTIONS

Decedent's estate, claim against § 19-483.

Mentally ill, appearance in § 10-236.

Motor carriers, against for undercharge or
overcharge, time sue § 10-145.

Veterans' affairs, administrator of, when
party to § 31-220.

AGRICULTURE

Darlington County farmers marketing com-
mission § 3-266.21.

Florence city-county agricultural commis-
sion § 3-267.

AIKEN

Carnival or fair, exhibition in § 5-2.

AIKEN COUNTY

Board of assessors § 65-1806.

Boards of education, area § 21-1039.

Carnival or fair, exhibition in § 5-2.

Cotton weigher, pav.

Aiken township § 13-227.1.

School districts § 21-1031.

School finances §§ 21-1040, 21-1053.

School trustees § 21-1035.1.

ALCOHOLIC ANONYMOUS

Tax exemption § 65-1523.

ALCOHOLIC LIQUORS
See Intoxicating Liquors.

ALDERMEN

See Municipal Corporations.

ALE

See Beer.

ALLENDALE COUNTY

Circuit court, term § 15-286.

School finances, taxes § 21-1105 et seq. •

School trustees § 21-1101.

ANDERSON COUNTY

Board of education § 21-1152.

Courthouse, supervision § 14-863.

School district consolidations, election on
§ 21-1159.

School trustees § 21-1192.

State highway svstem, road substituted
§ 33-120.4.

Supervisor, duties § 14-863.

ANIMALS

See Game and Game Laws, also Live-
stock.

APPEAL

See particular court.

APPRENTICE

Illtreating § 20-301.

ASSESSMENT

See Taxes and Taxation.

ATHLETIC SPORTS

Exhibition on Sunday, city of 6,225 to 6,250
§ 5-103.

ATLANTIC STATES MARINE FISH-
ERIES COMMISSION

Members § 28-201.

ATTORNEY

Darlington County § 14-1672.

AUCTIONEER

Pickens County § 15-1913.

BANKRUPTCY

Discharge, effect on judgment § 46-954.

BANKS

Cash Depository.

Property, accept for safekeeping § 8-592.

Safety deposit box.

See Safety Deposit Box.
Lease § 8-592.
Credit Union,

See Credit Unions.
Investments § 8-237.

Property, accept for safekeeping § 8-592.
Safety deposit box.

See Safetv Deposit Box.

Lease § 8-592.
BARNWELL COUNTY
School trustees.

Barnwell school district No. 45 § 21-1351.
State Highway Department construct and

maintain certain roads and streets in

§ 33-120.6.
State highway system, add road to § 33-

120.6.
BERKELEY COUNTY
Board of tax assessors § 65-1S28.
Circuit solicitor, assistant § 1-259.
School district.

Attendance areas § 21-1453.
Trustees § 21-1455.

Budgets § 21-1457.

Finances § 21-1461.

Taxes § 21-1457.
Waterworks commission § 59-591 et seq.
BIRDS

See Game and Game Laws.
BIRTH

Record free, when §§ 32-1124, 44-660.
BISHOPVILLE
Tax lew § 47-248.1.
BLIND

Assistance grant § 71-114.
Examination determine blindness § 71-

115.1.
BOARD OF ASSESSORS

See Taxes and Taxation.
BOARD OF EQUALIZATION

See Taxes and Taxation.
BOAT

See Fish, Oysters, Etc.
BONDS

Chesterfield County § 14-1423.
Issuance, Dillon County § 21-2404.
Revenue, refunding, interest § 59-656.
Tax exempt § 65-9.
BOOKS

See Schools and School Districts.
BOX

See Safety Deposit Box

BRAND

Certificate as evidence of ownership § 26-

108.
Livestock § 6-362.
BRIDGE

See Highways.
BUS

See Motor Vehicles.
CALHOUN COUNTY

Cameron-Lone Star centralized high school
district No. 2-H.

Finances § 21-1550.

Trustees § 21-1550.
Historical commission § 14-1121.
School trustees.

Cameron centralized high school district
§ 21-1549.

Cameron-Lone Star centralized high
school district No. 2-H § 21-1550.

St. Matthews centralized high school dis-
trict § 21-1549.
CAMDEN

Mayor and commissioners, election 47-631.
CAMPOBELLO

Mayor and aldermen, term § 47-114.
CARNIVAL

Exhibition, Aiken County § 5-2.
CASH DEPOSITORIES

See this title under Banks.
CATAWBA RIVER
Fishing in, York County § 28-1207.
CATTLE
Brand or earmark § 6-361 et seq.

See Livestock (this index).
CENSUS

1950 United States adopted § 1-601.
CHARLESTON COUNTY
Circuit solicitor, assistant § 1-259.
School trustees.

Moultrie school district No. 2 § 21-1636.3.

St. John's school district No. 9 § 21-
1636.2.

St. Paul's school district No. 23 § 21-
1636.1.
State highway right-of-way and condemna-
tion papers, filing in § 33-146.1.
CHESNEE

Mayor and aldermen § 47-313.1.
Tax levy § 47-244.
CHESTER COUNTY
Employees, hiring § 14-1366.2.
Magistrates.

First and seventh districts, civil jurisdc-
tion § 43-670.

Jurisdiction § 43-670.
Manager § 14-1366.1.
Office hours § 14-1357.
Property, inventory, etc. § 14-1366.3.
Purchasing agent § 14-1366.4.
Road work .supervision § 33-1521.
CHESTERFIELD COUNTY
Board of commissioners, clerks, bonds

§ 14-1423.
Korean War veterans, recording of dis-
charges § 60-404.
Master, fees § 27-203.10.
School taxes § 21-1882.1.
School trustees § 21-1901.1.
Treasurer, clerks, bonds § 14-1423.
CHILDREN
Assistance grant dependent § 71-95.

CHILDREN— Cont'd
Guardian.

Appointment § 31-1.

Removal 31-1.
CIRCUIT COURT
Jurors, pay, Sumter County § 38-308.
State Hospital, person charged with crime,

admit to § 32-1024.
Terms

Allendale County § 15-286.

Clarendon County § 15-264.

Lee County § 15-264.

Sumter County § 15-264.
CIVIL DEFENSE

State agree with other states for mutual
helpfulness in, emergency § 44-415.

Terms of compact § 44-416.
CLAIMS
Decedent's estate, time institute action after

disallowance § 19-483.
CLARENDON COUNTY
Circuit court, term § 15-264.
Music machine, operation outside of muni-
cipalities § 5-625.
CLARK HILL
Reservoir.

Fishing regulations §§ 28-1257, 28-1258.

Permits fish in portion of §§ 28-1251, 28-

1252.
U. S. property in area sold or leased, funds

remit to counties § 1-872.
CLINICS

Maintenance for mentally ill § 32-998.
CLINTON NEWBERRY NATURAL

GAS AUTHORITY
Members, duties, etc. § 59-95.3.
COLLETON COUNTY
School funds, disbursement § 21-2187.
School trustees § 21-2179.1.
COMMISSIONERS OF PUBLIC

WORKS
Abolished and duties devolved.

Myrtle Beach § 59-174.
COMMITTEE

See Mental Health, also Mentally 111.
Mentally ill §§ 32-952, 32-956, 32-966, 32-

1013.
COMMON PLEAS

See Circuit Court.
COMMUTATION TAX

See Road Tax.
COMPENSATION
Unemployment.

See Unemployment Compensation.
Workmen's.

See Workmen's Compensation.
CONDEMNATION

See Eminent Domain.
CONSTITUTION OF SOUTH CARO-
LINA
Amendments ratified.

Bonded indebtedness, Lockhart school
district, Union County, Const, of S. C,
Art. X, § 5.
Bonded indebtedness.

Union County, Lockhart school district,
Const, of S. C, Art. X, § 5.
COOPERATIVE CREDIT UNION

See Credit Unions.
CORONER
Warrant issued by, preliminary hearing

§ 43-231.1.

CORPORATIONS

Cooperative credit union.

See Credit Unions.
Credit union.

See Credit Unions.
Directors, number § 12-52.
COST

See Fees.
COTTON
Weigher

Aiken County, Aiken township § 13-227.1.

Pay.

Heath Springs § 13-228.
Kershaw § 13-228.
Lancaster § 13-228.
COUNTIES

See particular county also.
Employees, retirement § 61-33.
New, transfer of certain estates to § 31-106.
Roads add to or eliminate from State high-
way secondary system §§ 33-106.1, 33-

106.2.
Statement from another, employee taking

written, give copy § 1-6S.
Taxes, obligations exempt from § 65-9.
U. S. funds remit to § 1-872.
COUNTIES BETWEEN 41,000 and 43,-

000
Electric, water, fire and sewer districts in
unincorporated communities.

Provide water, sewerage and fire protec-
tion outside 59-609.1.
COUNTY AUDITOR
Term, Sumter County § 65-1746.1.
COUNTY BOARD OF COMMISSION-
ERS
Clerks, bonds, Chesterfield County § 14-

1423.
Term, Richland County § 14-3201.
COUNTY BOARD OF DIRECTORS
Darlington County § 14-1661.
COUNTY COURTS
Darlington County § 15-1581 et seq.
Florence County, judge § 15-1602.1.
COUNTY MANAGER
Chester County § 14-1366.1.

Duties § 14 -1366.1 et seq.
Darlington County § 14-1665.
COUNTY SUPERVISOR
Duties, Anderson County § 14-863.
Purchases, Spartanburg County § 14-3307.
Term, Richland County § 14-3201.
COUNTY TREASURERS
Clerks, bonds, Chesterfield County § 14-

1423.
Salary, Hampton County § 14-2270.
COURTS

See particular court.
Motor vehicle convictions and judgments,

report § 46-951.
COWPENS
Tax levy § 47-244.
CREDIT UNIONS
Activities engage in § 8-704.
By-laws § 8-705.
Capital stock § 8-708.
Committeemen.

Oath § 8-713.

Pay § 8-714.

Suspension § 8-716.

Term § 8-713.

CREDIT UNIONS— Cont'd

Committees § 8-711.

Decisions § 8-717.

Powers § 8-716.
Defined § 8-701.
Directors § 8-711.

Decisions § 8-717.

Powers § 8-715.
Dissolution § 8-726.
Dividends, payment of §§ 8-720, 8-721.
Fiscal year § 8-706.
Guaranty fund § 8-722.
Incorporation § 8-703.
Investments § 8-723.
Loans.

Approval § 8-718.

Payment of § 8-711
Meetings § 8-717.
Members.

Entrance requirements § 8-710.

Expulsion § 8-724.

Withdrawing or expelled, settlement §
8-725.
Membership entrance requirements § 8-710.
Officers § 8-712.

Oath § 8-713.

Pay § 8-714.

Suspension § 8-716.

Term § 8-713.
Reports § 8-707. _
Shares and deposits of minors and trustees

§ 8-709.
Supervision § 8-702.
Use of words "cooperative credit union"

§ 8-727.
CRIMINAL PROCEDURE
Witness, examination concerning written

statement made to public employee §

17-513.1.
DARLINGTON COUNTY
Attorney § 14-1672.
Board of directors § 14-1661.
Borrow § 14-1698.
Budgets § 14-1692.
Clerk §§ 14-1665, 14-1695.
Duties and powers §§ 14-1664, 14-1691.
Manager §§ 14-1665, 15-1666, 14-1681.
Meetings § 14-1663.
Officers § 14-1662.
Road program § 33-1566.
Board of tax assessors § 65-1809.1.
Board of tax equalization § 65-1865.1.
Borrow § 14-1698.
Civil and criminal court §§ 15-1581 et seq.

Appeals § 15-1599.3.

Evidence § 15-1596.

Bailiffs § 15-1589.

Civil jurisdiction § 15-1592.

Clerk § 15-1587.

Court of record § 15-1591.

Judge.

Appointment, term, oath, powers §§

15-1582, et seq.
Office § 15-1584.
Salary § 15-1583.
Special § 15-1586.
Vacancy § 15-1586.
Jurisdiction § 15-1593.
Special referee § 15-1585.

Judgments, entry of § 15-1594.

Jurisdiction §§ 15-1591, 15-1592, 15-
1592.1.

DARLINGTON COUNTY— Cont'd

Civil and Criminal Court — Con't

Jurors.

Drawing and summoning § 15-1599.
Pay § 15-1599.2.
Strikes § 15-1599.1.

Jurv commissioners § 15-1598.

Jury trial § 15-1597.

Pleadings, procedure, practice § 15-1596.

Provisions applicable § 15-1594.

Records § 15-1587.

Sheriff § 15-1588.

Stenographer § 15-1590.

Terms § 15-1595.

Witnesses, pay § 15-1599.2.
Claims paid, report on § 14-1695.
Disbursements § 14-1,694.
Farmers marketing commission § 3-266.21.
Purchases § 14-1681
Road program § 33-1566.
Sanitary and drainage commission §§ 18-8,

18-71.
School tax levy § 21-2254.1.
Sinking fund commission § 14-1701.
DEATH
Records of, when certified copies free §§

32-1124, 44-660.
DEFENSE

See Civil Defense.
DEPOSIT

See Safety Deposit Box.
DEPOSIT BOX
Safety deposit box.

See Safety Deposit Box.
DILLON COUNTY
Board of education § 21-2341.
School districts § 21-2401.
School finances § 21-2404.
Schools, establishment § 21-2402.
School taxes § 21-2411.
School trustees § 21-2403.
DIRECTORS
Corporation § 12-52.
DIVORCE

Habitual drunkenness defined § 20-101.
Record free, when §§ 32-1124, 44-660.
DOGS
Taxation, considered property when exempt

from § 6-151.
DOWER

Incompetent wife, divestment of § 19-146.
DRUNKENNESS
Divorce, defined for § 20-101.
DUNCAN

Mayor and aldermen, term § 47-114.
EARMARK
Certificate as evidence of ownership § 26-

108.
EDUCATION

See Schools and School Districts.
ELECTIONS
Candidate, defamatory statement over

radio, liability of broadcasting company

§ 23-7.
Municipal, candidate's pledge, Richland

County § 23-265.1.
Voting precincts.

See Voting Precincts; also particular
county.

ELECTRICITY

Fish, not use to catch § 28-672.
Liquefied petroleum gas appliance or sys-
tem, not ground electrical apparatus to
§ 66-437.
EMINENT DOMAIN
Municipalities § 47-1302 et seq.
EMPLOYER AND EMPLOYEE
Apprentice, illtreating § 20-301.
Public employee taking written statement
from another, give copy § 1-65.
Criminal proceedings concerning state-
ment, examination of witness § 17-
513.1.
Evidence, admissibility of statement in
§ 26-7.1.
Retirement, state, system § 61-33.
Unemployment Compensation.

See Unemployment Compensation.
Workmen's Compensation.

See Workmen's Compensation.
EMPLOYMENT SECURITY COMMIS-
SION
See Unemployment Compensation.
EQUALIZATION

See Taxes and Taxation.
EVIDENCE

Brand or earmark as ownership of live-
stock § 26-108.
Motor Vehicle Safety Responsibility Act

reports, etc. § 26-107.
State hospital officer testify by commission

§ 26-604.
Trade-mark registration § 26-104.1.
Written statement made to public em-
ployee, admission §§ 17-513.1, 26-7,1.
EXECUTOR AND ADMINISTRATOR
Claim against decedent's estate.

Time institute action after disallowance
§ 19-483.
Investments § 67-58.
EXHIBIT

See Sunday
EXPLOSION

Liquefied petroleum gas, report § 66-439.
EXPLOSIVE

Fish, not use take or secure; possession in
boat §§ 28-672, 28-674.
Failure report § 28-676.
FAIR

Exhibition, Aiken County § 5-2.
FAIRFIELD COUNTY
School budgets, etc. § 21-2601.
School district § 21-2578.
Trustees § 21-25S0.
Area § 21-2600.
School taxes § 21-2617.
School trustees § 21-2580.

Area advisory § 21-2600.
Superintendent of education § 21-2596.

Duties and powers § 21-2597.
FEES

Horry County §§ 27-62, 27-801.
Master, Chesterfield County § 27-203.10
Probate judge § 27-303.
FIDUCIARY
Investments § 67-58.
FINES AND PENALTIES
Fish and game § 28-11.

FIRE

Liquefied petroleum gas, report § 66-439.
Protection.

Counties between 41,000 and 43,000 §
59-609. 1.
FISCAL YEAR
Abbeville County § 14-17.
Richland County § 14-17.
FISH, OYSTERS, ETC.
Angler's license §§ 28-551, 28-553.
Artificial lake in Game zone 2, minimum

size game fish catch § 28-593.
Atlantic States Marine Fisheries Commis-
sion.

Members § 28-201.
Boat, fishing from in Catawba River, York

County § 28-1207.
Catawba River, York County § 28-1207.
Catfish, game zone 7 § 28-667.
Clark's Hill reservoir, permit fish in §§ 28-
1251, 28-1252.

Receipts, use of § 28-1256.

Regulations for fishing §§ 28-1257, 28-
1258.
Commercial Fisheries Advisory Board §
28-99.

Actions against § 28-100.

Advise director of division of commercial
fisheries § 28-101.

Hearings § 28-100.

Duties, etc. §§ 28-757 et seq.
Confiscated, sale § 28-9.
Discharge of injurious substances into

waters § 28-672.
Dynamite, not use catch §§ 28-672, 28-
674.

Failure report § 28-676.
Electricity, not use catch § 28-672.
Excessive possession, game zone 7, pre-
sumption from § 28-667.1.
Explosives, not use catch § 28-674.
Failure report § 28-67.
Fisheries.

Department, jurisdiction §§ 28-159 et seq.

Division, jurisdiction §§ 28-161 et seq.
Game fish.

Methods use catch § 28-571.

Sale or traffic in § 28-691.

Size catch in certain waters in Game
zone 2 § 28-593.
Georgia, reciprocal agreement with, as to

recognition of licenses in certain waters

§ 28-559.
Hatcheries §§ 28-711, 28-712.

U. S., lands for § 28-712.
Licenses.

Angler's § 28-551.

Nonresident § 28-554.

Design, qualitv § 28-6.

Exemptions §§ 28-31, 28-32.

Georgia, recognition of, in certain waters
§ 28-559.
Migration, obstruction to § 28-649.
National forest lands, wildlife on, protection

and management § 28-42.
Nets.

Confiscation and destruction of, game
zone 7 § 28-666.

Stealing fish from § 28-640.

Use of catch nongame fish §§ 28-611, 28-
612.

FISH, OYSTERS, ETC.— Cont'd
Nonresident license § 28-554.
Nurseries §§ 28-711, 28-712.
Penalties, general § 28-11.
Poison, not use catch § 28-672.
Pond.

Draw; disposition of § 28-693.

Permit trap, for propagation § 28-600.
Possession in excess of legal limits, game

zone 7 § 28-667.1.
Public property, on.

Management and protection § 28-42.
Revenues go into game protection fund §

28-13.
Rod and reel, license use §§ 28-551, 28-553.
Sale or traffic in § 28-691.
Sanctuaries §§ 28-716, 28-717.
Santee-Cooper project.

Game and fish protection and propaga-
tion, funds use for § 28-46.
Savannah River, permits fish in portion of
§§ 28-1251, 28-1252.

Receipts, use of § 28-1256.

Regulations for fishing §§ 28-1257, 28-
1258.
Season, close in clear water streams § 28-

577.
Set hooks.

Confiscation and destruction of, game
zone 7 § 28-666.

Use in Florence County § 28-661.1.
State property § 28-3.

Steven's Creek reservoir, permits fish in
§§ 28-1251, 28-1252.

Receipts, use of § 28-1256.

Regulations for fishing §§ 28-1257, 28-
1258.
Streams.

Clear water, close season in § 28-577.

Fishing on banks of § 28-8.1.

Obstructing migration § 28-649.
Traps

Confiscation and destruction of, game
zone 7 § 28-666.

Pond owner, permit to § 28-600.

Stealing fish from § 28-640.

L'se of catch nongame fish §§ 28-611,

28-612
Unlawfully possessed, search and seizure

§ 28-140.1.
Wildlife resources commission.

See Wildlife Resources Commission un-
der Game and Game Laws.

Hatcheries or nurseries, acquisition §§ 28-
711, 28-712.

Hatcheries, provide lands for U. S. § 28-
712.
Wildlife resources department.

See Wildlife Resources Department un-
der Game and Game Laws.
Wildlife restoration projects, federal aid for

§ 28-47.
FLORENCE

Agricultural commission § 3-267.
FLORENCE COUNTY
Agricultural commission § 3-267.
Board of education.

Term § 21-2651.
Boards of equalization §§ 65-1865.2, 65-

1865.3.
Civil court of Florence.

Judge, salary § 15-1602.1.

FLORENCE COUNTY— Cont'd
School.

District meetings § 21-2655.
Finances § 21-2655.1.
Taxes § 21-2657.

Trustees, duties §§ 21-2653, 21-2653.1.
Set hooks, use § 28-661.1.
FOREIGN CORPORATIONS

See this title under Corporations.
FOREST ACRES
Commissioners of public works, election,

term § 59-172.1.
Mayor, councilmen; election, term § 47-

317.1.
FORT HILL NATURAL GAS AU-
THORITY
See Gas.
Members, etc. §§ 59-96.3 et seq.
FORTUNE TELLING
License, Union County § 56-1271.1.
FRUIT JUICES
Denned § 65-765
Security for deposit § 1-745.
FUR
Buying, storing and shipping §§ 28-483, 28-

485.
License purchase § 28-481.
GAME AND GAME LAWS
Bag limits §§ 28-371 et seq.

Wild turkeys § 28-371.
Birds.
Wild.

Nest and eggs §§ 28-401 to 28-407.
Transportation § 28-404.
Wild nongame.

Not kill, catch or possess § 28-401.
Plumage, skin or body, sale and pos-
session § 28-402.
Sale § 28-402.
Transportation § 28-404.
Carriers, receipt and transportation by §§

28-384, 28-387, 28-404.
Catch or kill, not, unlawfully § 28-10.
Cold storage, keeping in § 28-304.
Confiscated, sale § 28-9.
Coyotes.

Bringing in State § 28-466.
Killing or trapping § 28-466.
Open season on § 28-465.
Releasing § 28-466.
Deer.

Beheaded, possession, Game zone 6 §

28-460.1.
Hunting at night, forfeitures § 28-457.
Possession of venison or skins during

closed season § 28-460.
Sale § 28-459.
Doves.

Bag limit, game zone 4 § 28-335.
Seasons hunt, Game zone 4 § 28-335.
Federal Migratory Bird Treaty regulations,

penalty violate § 28-301.
Foxes, open season on §§ 28-421, 28-437.

Game zone No. 2 § 28-422.
Furs and hides.

Buying, storing, shipping, etc. §§ 28-483,

28-485
Tag §§ 28-483, 28-487.
License purchase § 28-481.
Game wardens.

Badges and bond § 28-133.
Commissions § 28-132.

GAME AND GAME LAWS— Cont'd

Game Wardens — Cont'd

Duties and powers § 28-140.1.

Oath § 28-133.

License, not postdate § 28-318.

Search and seize certain fish and game
§ 28-140.1.
Hunting license § 28-311.

Design, quality § 28-6.

Display § 28-320.

Duplicate § 28-321.
Exemptions §§ 28-31, 28-32.

Loan or exchange §§ 28-322, 28-324.
Not sell or issue out of State § 28-319.

Post-date, not § 28-318.
Required § 28-311.

Sale or issuance out of State § 28-319.
Laws, application § 28-5.1.
National forest lands, wildlife on, protec-
tion and management § 28-42.
Night hunting § 28-457.
Penalties, general § 28-11.
Pheasants.

Closed season on § 28-332.

License raise, breed § 28-524.
Pigeons, not catch or kill certain § 28-464.
Possession in excess of legal limits, game

zone 7 § 28-338.2.
Possession or transportation, unlawful

§ 28-10.
Predatory animals, poison § 28-474.
Public property, or management and pro-
tection § 28-42.
Quail, season hunt, Game zone 4 § 28-335.
Rabbits, destroying crops, kill § 28-471.
Raccoons, destroying crops, kill § 28-469.
Revenue go into game protection fund

§ 28-13.
Sanctuaries §§ 28-511 et seq.
Santee-Cooper project, game and fish pro-
tection and propagation, funds use for

§ 28-46.
Seasons, close when conditions abnormal

§ 28-359.
Shipment within State § 28-382.
Squirrels.

Destroying crops, kill § 28-469.

Season hunt, Game zone 4 § 28-335.
Streams, hunting from banks of navigable

§ 28-8.1.
Transportation §§ 28-382, 28-387, 28-404.
Trap, "dead fall" prohibited § 28-489.
Turkey, wild, bag limit § 28-371.
Unlawfully possessed, search for and seiz-
ure § 28-140.1.
Wildlife Resources Commission.

Appointment § 28-92.

Division of commercial fisheries § 28-97.
Commercial fisheries advisory board

§ 28-99.
Director § 28-98.

Division of game § 28-95.
Director § 28-96.

Divisions § 28-94.

Expenses § 28-93.

Terms § 28-92.

Vacancy § 28-93.
Wildlife resources department.

Commission, governing body § 28-91.

Reports and investigations § 28-103.
Wildlife restoration projects, federal aid

for § 28-47.
Wild, State property § 28-3.

GAME WARDEN

See Wardens under Game and Game
Laws.
GAS

Clinton Newberry Natural Gas Authority
§§ 59-95.1 et seq.

Members, election, etc. §§ 59.95.3 et seq.

Powers § 59-95.6.

Rates § 59-95.8.

Revenues, disposition of net § 59-95.9.

Service area § 59-95.7.

Taxes, property exempt from § 59-95.10.
Fort Hill Natural Gas Authority.

Appointment, terms, etc. §§ 59-96.3 et
seq.

Function § 59-96.1.

Member towns § 59-96.7.

Municipal contracts § 59-96.8.

Powers § 59-96.5.

Rates § 59-96.9.

Revenues, disposition of net § 59-96.10.

Service area § 59-96.6.

Taxes, property exempt from § 59-96.11.
Liquefied petroleum gas.

Appliance or system, not ground electri-
cal apparatus to § 66-437.

Board § 66-434.

Defined § 66-431.

Equipment for storing, handling, etc.
§ 66-432.

Fires and explosions, report § 66-439.

Hazardous condition, failure to correct
§ 66-438.2.

Heating appliance in public place, pilot
§ 66-437.1.

Investigations § 66-438.2.

Licensee, insurance provide § 66-436.
Insurer cerfify coverage § 66-436.1.

License manufacture, sell, transport or
install or service § 66-435.

Motor vehicles transporting, inspection
§ 66-438.

Premises, inspection § 66-438.1.
GENERAL ASSEMBLY
House of Representatives.

Members, apportionment § 30-1.
GENERAL SESSIONS

See Circuit Court.
GEORGETOWN COUNTY
Magnolia Beach, operation motor vehicles

on § 46-752.
Music machine, operation outside of muni-
cipalities § 5-625.
GEORGIA, STATE OF
Fishing licenses, reciprocal agreement as to

recognition § 28-559.
GOATS
Brand or earmark §§ 6-361 et seq.

See Livestock (this index).
GREAT FALLS
Police system § 53-821.
GREENVILLE COUNTY
Board and Commission Members.

Liability for injuries § 72-103.

Workmen's Compensation Law, exempt
from § 72-103.
Magistrates, jurisdiction § 43-802.
Marketing commission issue bonds §

3-294.1.
School district No. 520.

Claims, payment § 21-2838.

Finances §§ 21-2831, 21-2832, 21-2836.

GREENVILLE COUNTY— Cont'd

School District No. 520 — Cont'd

Taxation § 21-2832.1.

Trustees § 21-2821.

Taxation § 21-2832-1.
State highway right of way and condemna-
tion papers, filing in § 33-146.1.
Voting Precincts § 23-176.
Workmen's Compensation, personnel ex-
empt from § 72-103.
GREENWOOD

Greenwood recreation district § 51-351.
Mayor and councilmen, salaries § 47-1601.
GREENWOOD COUNTY
Greenwood recreation district § 51-351.
School taxes § 21-933.
School trustees, Greenwood-Ninety Six

school district No. 50 § 21-2910.
GREER

Aldermen, election § 47-372.1.
Wards § 47-321.1.
GUARDIAN AD LITEM
Appointment §§ 10-236, 10-238, 32-1011.
Mentally ill, appointment in action for

§ 10-236.
GUARDIAN AND WARD
Commissions § 31-17.

Estates, transfer to new county § 31-106.
Guardian ad litem.

Appointment §§ 10-238, 32-1011.

Mentally ill §§ 10-238, 32-1011.
Investments § 67-58.
Mentally ill.

Action, appearance in §§ 10-236, 10-238,
32-1011.

Appointment §§ 10-236, 10-238, 31-1,
32-1011.

Removal § 31-1.
Minor.

Appointment
32-1011.

Removal § 31-1.
Public guardian.

Probate judge act as § 31-101.
Appointment §§ 31-102, 31-103.
Reports § 31-108.
Removed from State.

Citation § 31-8.

Revocation of appointment § 31-9.
HABEAS CORPUS
Mentally ill, right of § 32-974.
HAMPTON COUNTY _
Treasurer, salary § 14-2270.
HEALTH
County boards.

Spartanburg County § 32-411.
Garbage, collection and disposal, Spartan-
burg County §§ 32-1331 et seq.
Mental.

See Mental Health, also Mentally 111.
Septic tanks, license clean, Spartanburg

County §§ 32-1331 et seq.
HEATH SPRINGS
Cotton weigher, pay § 13-228.
HEAT
Heating appliance in public place, pilot

required § 66-437.1.
HIDE
Buving, storing and shipping §§ 28-483,

28-485.
License purchase § 28-481.

§§ 10-236, 10-238, 31-1,

HIGHWAYS

See particular county.
Personalty abandoned on, seizure and dis-
position §§ 46-482.1 to 46-4S2.8.
State Highway Department.

Construct and maintain certain roads in
Barnwell County § 33-120.6.

Filing of right of way and condemnation
papers by § 33-146.1.

Motor Vehicle Safety Responsibility Act,
duties as to §§ 46-901 et seq.

Safety Responsibility Act, administer
§ 46-921.
State highway right of way and condemna-
tion papers, filing § 33-146.1.
State highway secondary system, additions
and eliminations §§ 33-106.1, 33-106.2.
State highway System.

Anderson County, road substituted §
33-120.4.

Barnwell County, add road to § 33-120.6.

Oconee County § 33-120.37.
HISTORICAL COMMISSION
Calhoun County § 14-1121.
HOGS
Brand or earmark §§ 3-361 et seq.

See Livestock.
HORRY COUNTY
Board of education § 21-3031.
Board of tax assessors §§ 65-1836, 65-1837.
Fees §§ 27-62, 27-801.
Marketing commission § 3-297.
Monies received, receipts for § 14-2303.1.
Schools.

Finances §§ 21-3055, 21-3056, 21-3058.

Grammar, supervision § 21-3054.

Trustees § 21-3053.
Superintendent of education § 21-3041.
HORSES
Brand or earmark §§ 6-361 et seq.

See Livestock (this index).
HORSE TRADING
License, Union County § 56-1271.1.
HOUSE OF REPRESENTATIVES

See this title under General Assembly.
HUSBAND AND WIFE
Drunkenness as cause for divorce defined

§ 20-101.
Incompetent wife, divestment of dower

§ 19-146.
INDUSTRIAL COMMISSION

See Workmen's Compensation.
INDUSTRIAL SCHOOL FOR NEGRO

GIRLS
Commitments to § 55-253.
INDUSTRIAL SCHOOLS
Commitments to §§ 55-103.1, 55-155.1,

55-203.1, 55-253.
INFANT

See Children.
INHABITANTS
Census U. S., adopted § 1-601.
INHERITANCE TAX
Probate judge, fees retain § 27-303.
INJUNCTION
Trade-marks § 66-265.
INMAN
Mayor and aldermen, election, term §

47-317.2.
INSANE PERSON

See Mental Health, also Mentally III.

INSURANCE

Commissioner.

Liquefied petroleum gas.

Inspection of premises § 66-438.1.
Regulations for §§ 66-432, 66-433.
Companies, investments § 37-149.1.
Motor Vehicle Safety Responsibility Act.

See Safety Responsibility Act under
Motor Vehicles.
INTEREST

Refunding revenue bonds § 59-656.
INVESTIGATIONS
Public employee taking written statement,

give copy § 1-65.
INVESTMENTS
Banks and trust companies § 8-237.
Credit Unions § 8-723.
Fiduciaries § 67-58.
Insurance companies § 37-149.1.
JAIL

Inmate, process, service on § 10-436.
Mentally ill.

In § 32-1000.

Imprisonment § 55-424.
JASPER COUNTY
Officers, retirement § 61-601.
School district § 21-3101.
Schools.

Budgets, contracts, etc. §§ 21-3104, 21-
3109. 21-3111.

Taxation § 21-3108.

Trustees § 21-3101.
JOHN G. RICHARDS INDUSTRIAL

SCHOOL FOR NEGRO BOYS
Commitments to § 55-203.1.
JUDGMENT AND DECREE
Motor vehicles.

See Safety Responsibility Act under
Motor Vehicles.
JURY AND JURORS

Commissioners, substitute, Richland Coun-
ty § 38-51.2.
Darlington County Court § 15-1599.
Exemptions § 32-994.
KERSHAW

Cotton weigher, pav § 13-228,
KERSHAW COUNTY
Music machine, operation outside of muni-
cipalities § 5-625.
Recreation commission §§ 51-359.1. 51-

359.2.
School?.

Attendance area § 21-3161.

Bonds, report on § 21-3176.

Budgets § 21-3168.

Trustees §§ 21-3151. 21-3161.
Meetings § 21-3152.
Pay § 21-3152.
Sheriff, election, term § 53-52.
Superintendent of education § 21-3155.
LABOR
Commissioner

Credit unions, supervise § 8-702.
LAKE

See Fish, Ovsters, Etc.
LANCASTER"

Cotton weigher, pav § 13-228.
LANCASTER COUNTY
Board of education § 21-3221.
Library, operation § 42-501.
Real estate, buy and sell § 14-2564.1.
School district § 21-3201.

LANCASTER COUNTY— Cont'd
Schools.

Boards of visitors § 21-3203.
Finance §§ 21-3228, 21-3252, 21-3261.

Taxes § 21-3261.

Trustees §§ 21-3203, 21-3241.
Superintendent of education § 21-3212.
LAND

See Public Land; also Real Estate.
LARCENY
Fish § 28-640.
LAURENS COUNTY
Boyd's Mill Pond, minimum size game fish

catcli § 28-593.
School District No. 55, payment of claims

§ 21-953.1.
School trustees, school district No. 55

§ 21-3307.
LEE COUNTY
Board of education § 21-3351.
Circuit court, terms § 15-264.
Library commission, annual meeting §

42-514.
Schools.

Superintendent § 21-3358.

Taxation § 21-3361.

Trustees §§ 21-3354, 21-3355.
Superintendent of education § 21-3353.1.
LEXINGTON COUNTY
Batesburg-Leesville District No. 3.

Liability of Saluda County area of § 21-
3427.

Taxes § 21-3426.

Trustees § 21-3425.
Board of education § 21-3401.
Schools.

Tax levy § 21-3422.

Trustees § 21-3412.
LIBRARY

Lancaster County § 42-501.
Lee County public library commission §

42-514.
LICENSE

See Taxes and Taxation.
Garbage, collect, Spartanburg County §§

32-1331 et seq.
Hunting §§ 28-311 et seq.
Liquefied petroleum gas, manufacture, sell,
transport or install or service § 66-435.
Septic tanks, clean, Spartanburg County

§§ 32-1331 et seq.
LIEN

State mental health facility, care or treat-
ment § 32-1016.
LIMITATION OF ACTIONS
Decedent's estate, claim against § 19-483.
Motor carrier for undercharge or over-
charge § 10-145.
LIVESTOCK
Brand.

Abandonment § 6-369.

Application for adoption § 6-366.

Cancellation § 6-380.

Certificate § 6-366.

Expiration § 6-367.

Evidence of ownership § 26-108.

Individual, for wife, minor or guardian
§ 6-364.

Notice of expiration § 6-368.

Purchased or acquired § 6-383.

Records § 6-385.

LIVESTOCK— Cont'd

Brand — Cont'd

Registration §§ 6-361 et seq.

Revocation § 6-381.
Time § 6-382.
Transfer § 6-370.
Unlawful, when § 6-386.
Defined for sales and use taxes § 65-1404.
Earmark § 6-363.
Evidence of ownership § 26-108.
LOANS

Cooperative credit union § 8-718.
Credit union § 8-718.

See Credit Unions.
McCORMICK COUNTY
Board of assessors and equalization §

65-1857.1.
Board of equalization § 65-1857.1.
MAGISTRATES
Jurisdiction.

Chester County § 43-670.

Greenville County § 43-802.
Warrant issued by coroner charging crime

beyond jurisdiction of, preliminary hear-
ing on § 43-231.1.
MAGNOLIA BEACH
Motor vehicles, operation on § 46-752.
MARKET
Commission.

Greenville County, issue bonds § 3-294.1.

Horry County § 3-297.
MARLBORO COUNTY
Board of tax assessors § 65-1832.
Tax return forms § 65-1642.1.
Tax returns, preparation, etc. § 65-1644.1.
MARRIAGE

Record free, when §§ 32-1124, 44-660.
MASTER

Fees, Chesterfield County § 27-203.10.
MEDICAL COLLEGE' OF SOUTH

CAROLINA
Name changed to § 22-359.
MENTAL HEALTH

See Mentally 111.
Authority § 32-981.

Duties and powers §§ 32-982 et seq.
Commission.

Appointment § 32-981.

Clinics § 32-982.

Contract for care and treatment § 32-
1015.

Contracts § 32-997.

Duties and powers §§ 32-982 et seq.

Easements to public service companies
§ 32-996.

Patients, duties as to § 32-982.

Report § 32-985.

Secretary § 32-986.

State director, appoint § 32-986.

Term § 32-981.
Examinations of patients and trainees §

32-971.
Hospitalization.

Admission for §§ 32-958, 32-96S, 32-1021,
32-1022, 32-1023.

Care or treatment by United States §
32-968.

Involuntary, reexamination of order
§ 32-970.
Patients and trainees.

Examinations § 32-971.
State director § 32-986.

MENTAL HEALTH— Cont'd

State hospitals.

See State mental health facilities under
this title.
Admission to §§ 32-958, 32-968, 32-1021,
32-1022, 32-1023.
Party notify of § 32-1025.
Discharge §§ 32-1006, 32-1009, 32-1010,

32-1027.
Patients, assistance render involuntary

§ 32-1026.
Person charged with crime, admission to

§ 32-1024.
Reconfinement § 32-1028.
State mental health facilities § 32-998.
Clinics § 32-998.

Confinement unwarranted § 32-976.
Detention pending removal § 32-1002.
Employees § 32-992.

Exempt from jury and military duty

§ 32-994.
Salaries § 32-993.
Examinations § 32-971.
Epileptic, harmless § 32-1005.

Transfer § 32-1005.
Harmless mental defective § 32-1005.

Transfer § 32-1005.
Infirmed § 32-1005.

Transfer § 32-1005.
Lien for care and treatment § 32-1016.
Maintain § 32-998.
Marshals § 32-995.
Officer testify by commission in civil

cause § 26-604.
Patient or trainee.

Care or treatment by United States

§ 32-968.
Committee for §§ 32-952, 32-956, 32-
966, 32-1013.
Discharge §§ 32-972, 32-1006,32-1009,
32-1010, 32-1026, 32-1029.
Denial § 32-973.
Leave of absence § 32-1010.
Liability of estate for care § 32-1017.
Maintenance and care, charges for §

32-1014.
Nonresident § 32-1003.
Not a citizen of United States § 32-

1004.
Privileges of § 32-1007.
Records, disclosure of § 32-975.
Service of process on § 10-436.
Sexual intercourse with § 32-1012.
Superintendents § 32-991.

Guardian ad litem, appointment of §

32-1011.
Service of process on § 32-1011.
Transfers § 32-1008.
Transportation to § 32-1001.
State training schools.

See also under this title State mental
health facilities.
Admission §§ 32-1032, 32-1033.
Areas § 32-1031.
Discharge § 32-1040.
Interference with return of trainee §

32-1043.
Leave of absence § 32-1041.
Reconfinement § 32-1042.
MENTALLY ILL.

See Mental Health.
Action, appearance in § 10-236.
See Guardian ad Litem.

MENTALLY ILL— Cont'd
Care or treatment bv U. S. § 32-968.
Committee §§ 32-952, 32-956, 32-966, 32-
1013.
Commissions § 31-17.
Investments § 67-58.
Removed from State.
Citation § 31-8.

Revocation of appointment § 31-9.
Confinement unwarranted § 32-976.
Denial of right § 32-976.
Estates, transfer to new countv § 31-106.
Guardian ad litem §§ 10-236, 10-238, 32-

1011.
Guardian, appointment, removal § 31-1.
Habeas corpus § 32-974.
Hospitalization.

Discharge §§ 32-972, 32-1026.

Denial § 32-973.
Involuntary § 32-1023.

Re-examination of order of confine-
ment § 32-970.
Voluntary §§ 32-958, 32-1022.
Illtreating § 20-301.
Imprisonment § 55-424.
Jail, in § 32-1000.
Maintenance and care by State, lien for

§ 32-1016.
Patients and trainees, habeas corpus § 32-

974.
Process, service on § 10-436.
Public guardians § 31-101.
State institutions, in § 32-999.
Wife, divestment of dower § 19-146.
MILITARY

Duty, exemptions § 32-994.
MOTION PICTURES
Exhibition on Sunday, city of 6,225 to 6,-

250 § 5-103.
MOTOR CARRIER

See Carriers under Motor Vehicles.
MOTOR VEHICLES
Abandonment on the highways, disposition

§§ 46-482.1 to 46-4S2.8.
Carriers, actions for undercharges or over-
charges, limitation of § 10-145.
Driver's license.

Surrender under Safety Responsibilitv

Act § 46-924.
Suspension § 46-932.
Liquefied petroleum gas, transporting, in-
spection § 66-438.
Magnolia Beach, operation on § 46-752.
Operators, liability §§ 46-901 et seq.
Registration.

Surrender under Safety Responsibilitv

Act § 46-924.
Suspension § 46-932.
Motor Vehicle Safety Responsibility Act
See Safety Responsibility Act under this
title.
Safety Responsibility Act.
Accidents.

Security following § 46-932.

Custody, disposition and return § 46-

937.
Failure, suspend license, etc. § 46-
932.
Duration of suspension §§ 46-934,
46-952, 46-953.
Form and amount §§ 46-935, 46-936.
Report § 46-931.

MOTOR VEHICLES— Cont'd

Safety Responsibility Act — Cont'd
Administration §§ 46-921 et seq.
Bail forfeitures.

Proof required upon certain §§ 46-959
et seq.
Convictions.

Courts report § 46-951.
Proof required upon certain §§ 46-959
et seq.
Definitions § 46-902.
Drivers, unlicensed, application to § 46-

939.
Evidence in civil suits § 26-107.
Evidence, report, etc. as, in civil action

§ 26-107.
Exceptions § 46-907.
Financial responsibility for future, proof

§§ 46-951 et seq.
Insurance, self-insurer § 46-906.
Judgments

Bankruptcy, discharge in § 46-954.
Courts report nonpayment § 46-951.
Installment payment § 46-958.

Default § 46-958.
Suspension driver's license, etc., for
nonpayment § 46-952.
Term § 46-953.
Lessor, rights of § 46-904.
License

Judgment debtor § 46-955.
Surrender of § 46-924.
Mortgagee, rights of § 46-904.
Motor vehicles.

Operation by employees §§ 46-925, 46-

926.
Unregistered, application to § 46-939.
Nonresidents.

Suspension of operating privilege, give

notice § 46-940.
Operating privileges, suspend § 46-932.
Duration of suspension § 46-934.
Penalties §§ 46-1001 et seq.
Process, other, effect on § 46-905.
Proof of financial responsibility.

Alternate methods of giving § 46-963.
Bond as §§ 46-981 et seq.
Cancellation or return § 46-991.
Duration § 46-991.
Insurance §§ 46-964 et seq.
Assigned risk plans § 46-965.
Binders § 46-977.

Cancellation or termination § 46-978.
Certificate § 46-964.
Default by unauthorized carrier §

46-967.
Effect on other policies § 46-979.
Insurer § 46-976.
Money or securities as §§ 46-985 et

seq.
Motor vehicle liability policy §§ 46-

902, 46-970.
Nonresident, certificate furnished by

§ 46-966.
Operator's policy § 46-969.
Owner's policy § 46-968.
Provisions in § 46-972.
Other, may be required § 46-990.
Owner may give, for others § 46-988.
Reestablishment § 46-992.
Substitution § 46-989.
When required §§ 46-959 to 46-962.
Records § 46-923.

MOTOR VEHICLE— Cont'd

Safety Responsibility Act — Cont'd

Registration.

Sale when, suspended § 46-903.
Surrender of § 46-924.
Transfer to defeat § 46-903.

State Highway Department
Administer § 46-921.

Appeal § 46-922.
Furnish operating records § 46-923.

Supplemental to motor vehicle laws §
46-908.

Vendor, rights of § 46-904.

Violations; penalties §§ 46-1001 et seq.
Veterans, certain, tax exempt § 65-1522.
MULES
Brand or earmark §§ 6-361 et seq.

See Livestock (this index).
MUNICIPAL CORPORATIONS
Aldermen.

See Mayor and aldermen this title.

Greer § 47-372.1.
Bonds.

Issuance.
See Bonds.
City of 6,225 to 6,250.

Exhibition of motion pictures, athletic
sports and musical concerts on Sun-
day § 5-103.
Commissioners of public works.

Forest Acres § 59-172.1.
Condemn property §§ 47-1302 et seq.
Councilmen, terms.

Seneca § 47-323.2.
Elections.

See Elections.

Candidate's pledge, Richland County §
23-265.1
Employees, retirement § 61-33.
Intendant and wardens, West Union § 47-

112.
Mayor and aldermen.

Camden § 47-631.

Campobello § 47-114.

Chesnee § 47-313.1.

City not over 10,000 § 47-52.1.

Duncan § 47-114.

Forest Acres § 47-317.1.

Greenwood, salaries § 47-1601.

Inman § 47-317.2.
Statement from another, employee taking

written, give copy § 1-65.
State highway secondary system.

Roads to or from § 33-106.2.
Taxes, obligations exempt from § 65-9.
Tax levy.

Bishopville § 47-24S.1.

Chesnee § 47-244.

Cowpens § 47-244.

Ocean Drive Beach § 47-172.1.

Ridgeway § 47-172.2.

St. George § 47-250.
Towns over 200, receipts and disburse-
ments, Union County § 47-808.
MUSICAL CONCERTS
Exhibition on Sunday, city of 6,225 to 6,250

§ 5-103.
MUSIC MACHINES
Hours operate.

Clarendon, Georgetown, Kershaw and
Richland Counties § 5-625.

MYRTLE BEACH

Commissioners of public works abolished §

59-174.
NAME

Medical College of S. C. § 22-359.
NATURAL GAS

See Gas.
NEWBERRY COUNTY
Board of education § 21-3599.
Boards of tax assessors, appoint § 65-1802.
Road tax, no § 33-1206.
Schools § 21-915.

Taxation § 21-3602.

Trustees § 21-3614.
Superintendent of education, duties of §

21-3601.
Tax districts § 65-1508.
NONRESIDENT

See Safety Responsibility Act under
Motor Vehicles.
Mentally ill § 32-1003.
NOTES

See Banks.
OBLIGATIONS

See Bonds.
OCEAN DRIVE BEACH
Tax levy § 47-172.1.
OCONEE COUNTY
School trustees § 21-3662.
State highway system.

Road removed from § 33-120.37.
OFFICERS

Hours, Chester County § 14-1357.
Statement secured from another, give copy

§ 1-65.
ORANGEBURG COUNTY
Voting precincts § 23-191.
ORPHANS
Fish and hunt without license, certain

§ 28-32.
PARTRIDGE

See Game and Game Laws.
PELTS
Buying, storing and shipping §§ 28-483, 28-

485.
License purchase § 28-481.
PERSONAL PROPERTY
Abandonment on highway, disposition § 46-

482.1 to 46-482.8.
PETROLEUM
See Liquefied Petroleum Gas.
PHEASANTS

See Game and Game Laws.
PHONOGRAPHS
Hours operate.

Clarendon, Georgetown, Kershaw and
Richland Counties § 5-625.
PHYSICAL THERAPY
Annual fee § 56-1335.12.
Certificates and permits §§ 56-1335.10, 56-

1335.11.
Examinations § 56-1335.9.
False oath or representation § 56-1335.18.
Penalties § 56-1335.17.
Practice § 56-1335 et seq.
Practice of other forms of therapy, massag-
ing or related treatment § 56-1335.16
Registration §§ 56-1335.7, 56-1335.8, 56-
1335.11, 56-1335.13.

Applicants for § 56-1335.8.

Extension § 56-1335.12.

Fee § 56-1335.12.

Inactive list § 56-1335.12

PHYSICAL THERAPY— Cont'd

Registration — Cont'd
Reciprocal § 56-1335.13.
Refusal, suspension or revocation § 56-
1335.14.

State board § 56-1335.2.
Investigations § 56-1335.5.
Funds § 56-1335.3.
Reports § 56-1335.6.
Rules, records § 56-1335.4.
Seal § 56-1335.3.

Treatment of human ailments § 56-1335.15.

PHYSICIANS AND SURGEONS

Physical therapy, practice of §§ 56-1335 et
seq.
See Physical Therapy.

PICCOLOS

Hours operate.

Clarendon, Georgetown, Kershaw and
Richland Counties § 5-625.

PICKENS COUNTY

Auctioneer § 15-1913.

Board of education § 21-3791.

School district of, trustees § 21-3800.

School trustees § 21-3800.

POISON

Fish, not use, to catch § 28-672.

POLICE

Commission and system.
Great Falls § 53-821.

POPULATION

Census § 1-601.

PORTER
See Beer.

POULTRY

Sales and use taxes, defined for § 65-1404.

PRELIMINARY HEARING

Warrant issued by coroner § 43-231.1.

PRISONS ANDPRISONERS

Inmate, process, service on § 10-436.

Mentally ill, imprisonment § 55-424.

State Hospital, admission to § 32-1024.

PROBATE COURT

Mental health facilities, duties as to admis-
sion to § 32-958.

PROBATE JUDGE

Inheritance tax fees retain § 27-?i03.

Jurisdiction §§ 15-444, 31-1.

Mentally ill, committee for §§ 32-952,
956, 32-966, 32-1013.

Mentally incompetent, guardian for,
pointment and removal § 31-1.

Minors, appointment and removal of guard-
ians § 31-1.

Public guardian § 31-101.

Transfer of certain estates to new county §
31-106.

PROCESS

Service on prisoner or mental patient § 10-
436.

State mental health facility, service of proc-
ess on patients § 32-1011.

PUBLIC EMPLOYEES

Statement from another, taking written,
give copy § 1-65.

PUBLIC SERVICE COMPANIES

Easements over state mental health facili-
ties for § 32-996.

PUBLIC WELFARE

Assistance.

Blind § 71-114.

Child, dependent § 71-95.

32-

ap-

PUBLIC WELFARE— Cont'd

Blindness, examination determine § 71-
115.1.

PURCHASES

Agent, Chester County § 14-1366.4.

RABBITS

See Came and Game Laws.

RADIO

.Liability of broadcasting station for de-
famatory statement by political candidate
§ 23-7

REAL ESTATE

Lancaster County buy and sell § 14-2564.1.

RECORDS

Issue certified copy of birth, death, mar-
riage and divorce, free for certain pur-
poses §§ 32-1124, 44-660.

RECREATION

Commission.

Kershaw County §§ 51-359.1, 51-359.2.

Greenwood recreation district § 51-351.

REFERENCE

Darlington County judge act as special ref-
eree § 15-1585.

REGISTRATION

Brands for livestock §§ 6-361 et seq.

Earmarks for livestock §§ 6-361 et seq.

Physical therapists §§ 56-1335.7, 56-1335.8,
56-1335.11, 56-1335.13.

Trade-marks §§ 66-251 et seq.

RETAIL SALES TAX
See Sales and Use Taxes.

RETIREMENT

Jasper County § 61-601.

S. C. retirement system.

Membership; withdrawal § 61-34.
Prior service credits, claims for § 61-51.

RICHLAND COUNTY

County board of commissioners, term §
14-3201.

Fiscal year § 14-17.

Jury commissioners, substitutes § 38-51.2.

Municipal election.

Candidate's pledge § 23-265.1.

Music machines, operation outside of mu-
nicipalities § 5-625.

School trustees §§ 21-3882, 21-3882.1, 21-
3884, 21-3885.

Supervisor, term § 14-3201.

RIDGEWAY

Tax levy § 47-172.2.

ROADS

See Highways.

ROAD TAX

Newberry County § 33-1206.

ROD AND REEL

See Fish, Oysters, Etc.

RULES AND REGULATIONS

Branding or earmarking livestock § 6-387.

SAFETY DEPOSIT BOXES

Contents.

Removal of §§ 8-597 to 8-598.
Sale § 8-599.

Decedent, removal of property of § 8-596.

Fiduciary, access to box of § 8-594.

Lessor, refusal of access to property by §
8-595.

Rent, failure to pay § 8-597.

Use of words "safe deposit" or "safety de-
posit" § 8-600.

ST. GEORGE

Tax levy § 47-250.

SALES

Personalty abandoned on highway § 46-

482.6.
SALES AND USE TAXES
"Baby chicks and poults" defined § 65-1404.
"Livestock" defined § 65-1404.
SALUDA COUNTY

Batesburg-Leesville District No. 3 of Lex-
ington County.

Liability of Saluda County area of § 21-
3425.

Tax levy § 21-3425.

Trustees § 21-2425.
Board of equalization § 65-1857.1.
Board of tax assessors § 65-1857.1.
High school districts.

Finances §§ 21-3964 et seq.
SANITARY AND DRAINAGE COM-
MISSIONS
Darlington County §§ 18-8, 18-71.
SANTEE-COOPER
Game and fish protection and propagation,

funds use for § 28-46.
SAVANNAH RIVER

Permits fish in portion of §§ 28-1251, 28-
1252.

Fishing regulations § 28-1257, 28-1258.
SCHOOLS AND SCHOOL DISTRICTS
Aiken County § 21-1031.
Attendance areas.

Berkeley County § 21-1453.
Trustees § 21-1455.

Kershaw County § 21-3161.
Bonded indebtedness, Union County, Lock-
hart Const, of S. C, Art. X, § 5.
Claims, payment.

Greenville County, No. 520 § 21-2838.

Laurens County, No. 55 § 21-953.1.

Saluda County § 21-3966.
Consolidation

Election on, Anderson County § 21-1159.

Spartanburg County § 21-4015.
County boards of education.

Aiken County §§ 21-1035.1, 21-1039.

Anderson County § 21-1152.

Dillon County § 21-2341.

Florence County § 21-2651.

Horry County § 21-3031.

Lancaster County § 21-3221.

Lee County § 21-3351.

Lexington County § 21-3401.

Members, qualifications § 21-101a.

Newberrv County § 21-3599.

Pickens County § 21-3791.

School employees, eligibility to be mem-
bers § 21-101a.

Spartanburg County § 21-4001.

Sumter County § 21-4063.

Union County § 21-4151.

Williamsburg County § 21-4201.
County superintendents of education.

Fairfield County § 21-2596.

Horrv County § 21-3041.

Kershaw County § 21-3155.

Lancaster County § 21-3212.

Lee County § 21-3353.1.

Newberry County § 21-3601.

Spartanburg County §§ 21-4013, 21-4014.

Union County § 21-4157.

SCHOOLS AND ETC.— Cont'd
Dillon County § 21-2401.
Finances.

Aiken County §§ 21-1040, 21-1053.

Berkeley County § 21-1457.

Colleton County § 21-2187.

Dillon County §§ 21-2403, 21-2404.

Fairfield County § 21-2618 et seq.

Florence County § 21-2655.1.

Horry County §§ 21-3055, 21-3058.

Jasper County §§ 21-3104, 21-3109, 21-
3111.

Kershaw County § 21-3168.

Lancaster County §§ 21-3228, 21-3251 et
seq.

Saluda County § 21-3964 et seq.

Spartanburg County §§ 21-4022, 21-4030.

Sumter County, No. 2 §§ 21-4059.1 et seq.

Sumter County, No. 17 § 21-4072.

Union County §§ 21-4171 et seq.
Jasper County § 21-3101.
Lancaster County § 21-3201.
Statement from another, employee taking

written, give copy § 1-65.
Superintendents.

Sumter County, No. 2 § 21-4059.
Taxation.

Allendale County §§ 21-1105 et seq.

Berkeley County § 21-1457.

Chesterfield County § 21-1882.1.

Darlington County § 21-2254.1.

Dillon County § 21-2411.

Fairfield County § 21-2617.

Florence County § 21-2657.

Greenville County, No. 520 § 21-2832.1

Greenwood County § 21-933.

Horry County §§ 21-3055, 21-3056.

Jasper County § 21-3108.

Lancaster County § 21-3261.

Lee County § 21-3361.

Lexington County § 21-3422.

Batesburg-Leesville District No. 3 §
21-3426.

Newberry County §§ 21-915, 21-3602.

Obligations exempt from § 65-9.

Saluda County § 21-3965.

Spartanburg County § 21-4026.

Union County §§ 21-4172 et seq.
Teachers

Retirement § 61-33.
Textbooks, Sumter County, No. 2 § 21-593.
Transportation of pupils living in isolated

areas § 21-838.1.
Trustees.

Abbeville County, No. 60 § 21-1011.

Aiken County § 21-1035.1.

Allendale County § 21-1101.

Anderson County § 21-1192.

Barnwell County § 21-1351.

Berkeley County § 21-1455.

Calhoun County §§ 21-1549, 21-1550.

Charleston County §§ 21-1636.1 et seq.

Chesterfield County § 21-1901.1.

Colleton County § 21-2179.1.

Dillon County § 21-2403.

Fairfield County §§ 21-25S0, 21-2600.

Florence County §§ 21-2653, 21-2653.1.

Greenville County, No. 520 § 21-2821.

Greenwood County § 21-2910.

Horry County § 21-3053.

Jasper County § 21-3101.

Kershaw County §§ 21-3151, 21-3161.

Lancaster County §§ 21-3203, 21-3241.

SCHOOLS AND ETC.— Cont'd
Trustees — Cont'd

Laurens County § 21-3307.
Lee County §§ 21-3354, 21-3355.
Lexington County § 21-3412.
Newberry County § 21-3614.
Oconee County § 21-3662.
Pickens County § 21-3800.
Richland County §§ 21-3882, 21-3882.1,
21-3884, 21-3885.

Spartanburg County §§ 21-4017 et seq.

Union County § 21-4156.
SECRETARY OF STATE
Livestock brands, issuance, etc. § 6-366.
Trade-marks, duties as to §§ 66-251 et seq.
SENECA

Councilmen, terms § 47-323.2.
SERVICE ORGANIZATIONS
Employees, retirement § 61-33.
SEWERS AND SEWERAGE
Protection, counties between 41,000 and

43,000 § 59-609.1.
SHEEP
Brand or earmark §§ 6-361 et seq.

See Livestock (this index).
SHERIFF

Election, Kershaw County § 53-52.
Personalty abandoned on highway, duties

as to §§ 46-482. 1 to 46-482.8.
SHRIMP

See Fish, Oysters, Etc.
SINKING FUND COMMISSION
Darlington County § 14-1701.
SKINS
Buying, storing and shipping §§ 28-483,

28-485.
License purchase § 28-481.
SLANDER

Radio broadcasting station, liability for de-
famatory statement by political candidate

§ 23-7.
SOLICITOR

Assistant, ninth judicial circuit § 1-259.
Physical therapy law, prosecute violators of

§§ 56-1335.5.
South Carolina Industrial School.

Commitments to § 55-103.1.
SPARTANBURG COUNTY
Board of Education § 21-4001.
Board of health § 32-411.
Garbage, collection and disposal §§ 32-1331

et seq.
Health department, director § 32-416.
Schools.

Districts, boundaries and consolidation
§ 21-4015.

Finances §§ 21-4022, 21-4030.

Personnel §§ 21-4006, 21-4013, 21-4021.

Superintendent § 21-4025.

Taxation § 21-4026.

Term § 21-4021.

Trustees §§ 21-4017 et seq.
Septic tanks, cleaning §§ 32-1331 et seq.
State highway right-of-way and condemna-
tion papers, filing in § 33-146.1.
Superintendent of education §§ 21-4013, 21-

4014.
Supervisor, purchase of supplies § 14-3307.
SPECIAL REFEREE

See Reference.

STAMPS

See Taxes and Taxation.
Meter impressions, use, as revenue § 65-8.
Unemployment compensation, plan elimi-
nated § 68-34.
STATE
Civil defense, agree with other states for

mutual helpfulness in emergency § 44-

415.
Deposit of funds, security for § 1-745,
Employees.

Retirement § 61-33.

Statement secured from another, make
copy § 1-65.
Statement from another, employee taking

written, give copy § 1-65.
Taxes, obligations exempt from § 65-9.
STATE HIGHWAY DEPARTMENT

See Highways.
STATE HOSPITAL.

See Mental Health, also Mentally 111.
Maintenance § 32-998.
Person charged with crime, admission to §

32-1024.
STATE INDUSTRIAL SCHOOL FOR

GIRLS
Commitment of white females to § 55-

155.1.
Persons not commit to § 55-164.
Transfers § 55-164.
STATE INSTITUTIONS
Mentally ill in § 32-999.
STATE MENTAL HEALTH FACIL-
ITY

See Mental Health.
STATE TRAINING SCHOOL

See Mental Health, also Mentally 111.
Maintenance § 32-998.
STATE TREASURER
Counties, remit certain U. S. funds to § 1-

872.
STATUTES

Game, application § 28-5.1.
STEVEN'S CREEK RESERVOIR
Fishing regulations §§ 28-1257, 28-1258.
Permits fish in §§ 28-1251, 28-1252.
SULLIVAN'S ISLAND
Tax levy §§ 65-3416.1 et seq.
SUMTER COUNTY
Auditor, term § 65-1746.1.
Board of education, jurisdiction § 21-4063.
Circuit court.

Jurors, pay § 38-308.

Terms § 15-264.
School district No. 2.

Finances §§ 21-4059.1 et seq.

Superintendent § 2-4059.
Textbooks § 21-593.
School district No. 17.

Budgets § 21-4072.
SUNDAY
Exhibition of motion pictures, athletic

sports and musical concerts on, city of

6,225 to 6,250 § 5-103.
SUPERVISOR

Term, Abbeville County § 14-701.
TAX COLLECTORS

See Taxes and Taxation.
TAX COMMISSION

See Taxes and Taxation.

TAXES AND TAXATION

Board of assessors.

Aiken County § 65-1806.

Appointment, Newberry County § 65-

1802.

Berkeley County § 65-1828.

Darlington County § 65-1809.1.

Horry County §§ 65-1836, 65-1837.

McCormick County 65-1857.1.

Marlboro County § 65-1832.

Saluda County § 65-1857.1.
Board of equalization.

Darlington County § 65-1865.1.

Florence County §§ 65-1865.2, 65-1865.3.

McCormick County § 65-1857.1.

Saluda County § 65-1857.1.
Districts.

Newberry County § 65-1508.
Exemptions.

Alcoholic Anonymous § 65-1523.

Clinton Newberry Natural Gas Authori-
ty § 59-95.10.

Dogs, considered property when § 6-151.

Fort Hill Natural Gas Authority § 59-
96.11.

Motor vehicles of certain veterans § 65-
1522.

Public bonds, notes and certificates of in-
debtedness § 65-9.
Furs and hides § 28-482.
Municipal.

See Municipal Corporations.
Returns.

Forms, Marlboro County § 65-1642.1.

Marlboro County § 65-1644.1.
Road tax.

See Road Tax.
Sales.

See Sales and Use Taxes.
School.

See Schools and School Districts.
Soft drinks.

See Soft Drinks Tax,

"Bottled drinks" defined § 65-753.
Stamps, use meter impressions in lieu §

65-8.
Sullivan's Island §§ 65-3416.1 et seq.
Tax commission.

Meter impressions, permit use of for rev-
enue stamps § 65-8.
Use.

See Sales and Use Taxes.
THERAPY
Physical, practice, etc. §§ 56-1335 et seq.

See Physical Therapy.
TOWNSHIPS

Employees, retirement § 61-33.
Statement from another, employee taking

written, give copy § 1-65.
TRADE-MARKS
Cancellation § 66-259.
Common law, rights acquired in, at § 66-

266.
Definitions § 66-251,
Goods, classes of § 66-252.
Imitation.

Civil liability § 66-263.

Owner may enjoin § 66-265.
Imitation of registered, civil liability § 66-

263.
Protection §§ 66-251 et seq.
Records public § 66-264.
Register, not § 66-261.

TRADE-MARKS— Cont'd

Registered, assignment of § 66-260.
Registration §§ 66-257 et seq.

Application §§ 66-253, 66-254.

Certificate, issuance of § 66-255.

Current, expiration, renewal § 66-257.

Evidence of § 26-104.1.

Fee § 66-253.

Fraudulent, civil liability for § 66-262.

Renewal §§ 66-256, 66-257.

Term §§ 66-256, 66-257.
TRAINING SCHOOLS

See Mental Health.
TRIAL

Examination of witness concerning writ-
ten statement § 17-513.1.
Written statement made to public em-
ployee, reference to, during § 26-7.1.
TRUST AND TRUSTEE
Investments § 67-58.
Removed from State.

Citation of § 67-56.
TRUST COMPANIES
Investments § 8-237.

Property, accept for, safekeeping § 8-592.
Safety deposit box.

See Safety Deposit Box.

Lease § 8-592.
TURKEY

See Game and Game Laws.
UNEMPLOYMENT COMPENSATION

Benefits § 68-108.
Appeals § 68-155.
Initial determination § 68-155.
Payment § 68-210.1.
"Benefit year" defined § 68-7.
Definitions §§ 68-7, 68-19.
Employer.

Contribution rates § 68-253.1.

Coverage, termination § 68-253.

Nonemployment due to entry into armed
forces § 68-175.1.

Volunteer, term of coverage § 68-252.
Experience rating accounts, transfer § 68-

185.1.
Stamp plan eliminated § 68-34.
"Wages" defined § 68-19.
UNION COUNTY
Board of education § 21-4151.
Fortune telling, license § 56-1271.1.
Horse trading, license § 56-1271.1.
Lockhart school district, bonded indebted-
ness, Const, of S. C Art. X, § 5.
Municipalities over two hundred, receipts

and disbursements § 47-808.
Schools,

Attendance areas § 21-4158.

Advisory boards § 21-41 58.

Finances § 21-4171 et seq.

Taxation §§ 21-4172 et seq.

Trustees § 21-4156.
Superintendent of education § 21-4157.
UNITED STATES
Funds of, remit to counties § 1-872.
Mentally ill, care or treatment of, veterans

§ 32-968.
1950 census adopted § 1-601.
Taxes, obligations exempt from § 65-9.
Wildlife restoration projects, aid § 28-47.
UNITED STATES ARMED FORCES
Discharges, recording, Chesterfield County

60-404.

UNITED STATES ARMED FORCES—

Cont'd
Unemployment compensation, nonemploy-
ment due to entry in § 68-253.1.
USE TAX

See Sales and Use Taxes.
VEGETABLE JUICES
Defined § 65-765.
VETERANS
Administrator of Veterans' Affairs, when

party to action § 31-220.
Mentally ill, care or treatment by U. S. §

32-968.
Motor vehicles of disabled, exempt from

taxes § 65-1522.
VITAL STATISTICS
Records, free, when §§ 32-1124, 44-660.
VOTING PRECINCTS_
Greenville County § 23-176.
Orangeburg County § 23-191.
WAR

Civil defense emergency, mutual helpful-
ness compact for § 44-415.
Unemployment compensation, unemploy-
ment due to employer being in armed

forces § 68-175.1.
WARDS

See Elections.
Greer divided into § 47-372.1.
WATERS
Fishing or hunting on banks of navigable

streams § 28-8.1.
Injurious substances, discharge into § 28-

672.
Protection, counties between 41,000 and

43,000 § 59-609.1.
WATERWORKS
Commission, Berkeley County

seq.
WELFARE

See Public Welfare.
WEST UNION
Intendant and wardens, term
WILDLIFE RESOURCES
SION

See this title under Game and Game
Laws.
WILDLIFE RESOURCES DEPART-
MENT

See Wildlife Resources Department un-
der Game and Game Laws.
WILLIAMSBURG COUNTY
Board of education § 21-4201.
WOODCOCK

See Game and Game Laws.
WORKMEN'S COMPENSATION
Exemptions.

Greenville County § 72-103.
Industrial Commission.

Appointment, term § 72-51.

Chairman § 72-51.

Terms § 72-51.
YEAR
Fiscal.

Abbeville County § 14-17.

Richland County § 14-17.
YORK COUNTY
Boat fishing from in Catawba River § 28-

1207.
Catawba River, fishing in portion § 28-1207

§§ 59-591 et

47-112.
COMMIS-

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